Agenda packet — Foster City City Council, October 16, 2023 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercity‐ org.zoom.us/j/82592136594
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, October 16, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation from San Mateo County Libraries on Fiscal Year 20222023 Annual Report

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

6.1. City/EMID Regular Meeting Minutes of October 2, 2023

6.2. A Resolution of the City Council of the City of Foster City Authorizing the City Manager or His Designee to Execute an Agreement with Hinderliter De Llamas & Associates (HdL) in an Amount Not to Exceed $33,900 to Provide Business License Tax Administration Services and Approve a Supplemental Budget Appropriation of $33,900 in the General Fund’s Financial Services Department, Account Number 00111404154251
a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Approving an Agreement with Elite Power Washing Company for Park System Routine Pressure Washing Services in an Amount Not to Exceed $35,000 Per Year for a Total of $105,000 Over a ThreeYear Period from November 1, 2023 through June 30, 2026 with Optional Extensions through June 30, 2028 a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Sole Source Professional Services Agreement with Verde Design, Inc. in the Amount of $49,800 to Provide Professional Design Services, Bidding Support, and Construction Support for CIP 301712 Edgewater Park Softball and Soccer Synthetic Resurfacing (20232024); and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3) and 15301(c) – Existing Facilities
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

7.1. A Resolution of the City Council of the City of Foster City Authorizing a One Time Funding Contribution in the Amount of $10,000 to the CORA Speak Up Campaign, and Authorizing an Appropriation in an Amount NottoExceed $10,000 to the Community Benefits Program Fund, Account No. 0050110 4134251, to Fund the Contribution
a) Staff Report
b) Adopt Resolution

8. REPORTS

8.1. Levee Improvements Project (CIP 327657) – General Update – August and September 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept the Report

8.2. Preliminary Report on Potential Business License Tax Ordinance Amendment and November 2024 General Election Ballot Measure a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 28, 2023 and October 5, 2023, and ACH were processed on October 5, 2023
a) Information Item Only
b) No Action Required

10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

11. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, October 16, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation from San Mateo County Libraries on Fiscal Year 20222023 Annual Report

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of October 2, 2023

7. NEW BUSINESS

8. REPORTS

8.1. Levee Improvements Project (CIP 327657) – General Update – August and September 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept the Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 28, 2023 and October 5, 2023, and ACH were processed on October 5, 2023
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, October 16, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation from San Mateo County Libraries on Fiscal Year 20222023 Annual Report

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of October 2, 2023

7. NEW BUSINESS

8. REPORTS

8.1. Levee Improvements Project (CIP 327657) – General Update – August and September 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept the Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 28, 2023 and October 5, 2023, and ACH were processed on October 5, 2023
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, October 16, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation from San Mateo County Libraries on Fiscal Year 20222023 Annual Report

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of October 2, 2023

7. NEW BUSINESS

8. REPORTS

8.1. Levee Improvements Project (CIP 327657) – General Update – August and September 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept the Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 28, 2023 and October 5, 2023, and ACH were processed on October 5, 2023
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, October 16, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation from San Mateo County Libraries on Fiscal Year 20222023 Annual Report

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of October 2, 2023

7. NEW BUSINESS

8. REPORTS

8.1. Levee Improvements Project (CIP 327657) – General Update – August and September 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept the Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 28, 2023 and October 5, 2023, and ACH were processed on October 5, 2023
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

5 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

REGULAR MEETING OF OCTOBER 2, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS

The Regular Meeting of October 2, 202 3 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6: 30 p.m. by Mayor/President Froomin.

This meeting was held as a hybrid meeting.

ROLL CALL

The Communications Director/City Clerk/Recording Secretary called the roll:

PRESENT:

Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Tracy Avelar , Interim City/District Manager, Benjamin Stock , City Attorney/District Legal Counsel; Andrew Brozyna, P ublic Works Director; Diane Pitman, Interim Human Resources Director; Sofia Mangalam, Community Development Director; Cory Call, Police Captain; Rob Lasky, IT Manager; ‘Andra Lorenz , Senior
Management Analyst ; Yelena Cappello, Management Analyst ; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Communications Director/City Clerk, Priscilla Schaus.

SPECIAL PRESENTATIONS

PROCLAMATION DECLARING THE WEEK OF OCTOBER 8 -14, 2023 AS "FIRE PREVENTION WEEK."

Mayor Froomin presented the proclamation declaring the week of October 8-14, 2023 as Fire Prevention Week to Fire Chief Kent Thrasher , representing the San Mateo Consolidated Fire Department.

PROCLAMATION RECOGNIZING OCTOBER 9, 2023 AS “INDIGENOUS PEOPLES' DAY.”

6.1 6.1 Minutes

6 Councilmember Sam Hindi presented the proclamation recognizing October 9, 2023 as Indigenous Peoples’ Day to Jonatha n Cordero, representing the Association of the Ramaytush Ohlone.

PUBLIC

Councilmember Sam Hindi addressed the City Council regarding the Ramaytush Ohlone.

The following people addressed the City Council via email:

1. Sandeep Bangera regarding waste management;

2. Randy Halcomb regarding waste management;

3. Shankar Kenkre regarding waste management;

4. Shobha Ketker regarding waste management; and

5. Georgia Marszalek regarding the Recreation Center Rebuild Project.

CONSENT CALENDAR

Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. Minutes of City/EMID Regular Meeting of September 18, 2023;

2. City Ordinance No. 669, “An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter

17.78, “Accessory Dwelling Units” and Finding the Amendments Exempt from the California Environmental Quality Act - RZ2023-0006 (First Reading on September 18, 2023);”

3. City Ordinance No. 670, “An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.86, “Density Bonuses”, to Ensure Compliance with Recent Changes in State Law and Finding the Amendments Exempt from the California Environmental Quality Act – RZ2023-0007 (First Reading on September 18, 2023);”

4. City Resolution No. 2023-95, “A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829 Effective July 1, 2023 and Approving a Supplemental A ppropriation for an Aggregate $364,638 to Various Funds in Fiscal Year 2023-2024;”

5. EMID Resolution No. 3746, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829 Effective July 1, 2023 and Approving a Supplemental Appropriation for an Aggregate $364,638 to Various Funds in Fiscal Year 2023- 2024;”

6.1 6.1 Minutes

7 6. City Resolution No. 2023-96, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Pay Plan for Fiscal Year 2023-2024;”

7. EMID Resolution No. 3747, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Pay Plan for Fiscal Year 2023-2024;”

8. Minute Order No. 1941, “Reviewing and Accepting the Independent Citizens’ Bond Oversight Committee’s Annual Report for FY 2022- 2023 to the City Council Regarding the Expenditures of Bond Proceeds Associated with the Levee Protection Planning and Improvements Project (CIP 327-657);” and

9. Approval to cancel the January 2, 2024 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District.

NEW BUSINESS

REVIEW AND DISCUSS PROPOSED SOLID WASTE RATES FOR THE FIVE- YEAR PERIOD OF 2024-2028. MINUTE ORDER NO. 1942.

Senior Management Analyst Lorenz presented the staff report.

Discussion ensued.

Motion by Mayor Froomin, seconded by Vice Mayor Sullivan, 4-1-0, Councilmember Kiesel voted “no”, adopting Minute Order No. 1942, providing policy direction to mail a Proposition 218 notice and set a public hearing to be held on November 20, 2023 to consider the following:

1. Updating solid waste rates for a five-year period of 2024-2028;

2. Increasing the 2023 residential collection rates by no more than $5.40 per account for 2024, $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028; and

3. Increasing 2024 charges for Unscheduled Services (optional services requested by customers above the base service level) by 5.465% over 2023, and annually thereafter based on actual indexed factors up to a maximum not to exceed 6.0% per year.

COMMUNICATIONS

CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on September 14, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

6.1 6.1 Minutes

8 Councilmember/Director Kiesel stated he attended a program session with the Department of Housing and Community Development at the League of California Cities 2023 Annual Conference held on September 20-22.

Councilmember/Director Jimenez stated she attended the League of California Cities Conference. On September 24, she participated in the Community Bike Ride and thanked City staff and the Police Department for their assistance with the event. She reminded drivers and bikers to be attentive when on the road, especially during school drop-off and pick-up hours. On September 26, she was a guest at a breakfast with the San Mateo Union High School District Board of Trustees. On September 28, she attended the board meetings for the San Mateo Union High School District and the San Mateo- Foster City School District. She attended the Council of Cities in H alf Moon Bay and learned about the Crisis Assistance Response & Evaluation Services (CARES) Program on September

29. On September 30, she attended a luncheon for Assemblymember Papan and Senator Becker and the 50
th Anniversary Gala for the Organization of Chinese Americans (OCA) San Mateo chapter. She invited community members to meet her during office hours held at Cookiez by Sara at 12:00 p.m. on October 7.

Councilmember/Director Hindi stated he attended the League of California Cities Conference. On September 27, he attended The Housing Endowment and Regional Trust (HEART) board meeting, and the Bay Area Water Supply and Conservation Agency (BAWSCA) special meeting. On September 28, he attended the Peninsula Clean Energy board meeting. On September 29, he attended the Council of Cities meeting in Half Moon Bay and learned about the CARES Program . He noted that the Parks and Recreation Committee meetings are hybrid and encouraged the public to attend.

Vice Mayor/Vice President Sullivan thanked Police Chief Avelar for stepping in for City Manager Chatwin at the meeting. He stated he attended the League of California Cities Conference. On September 26, he attended a badge pinning ceremony for the San Mateo Consolidated Fire Department. On September 27, he attended the ribbon cutting ceremony at Sea Cloud Park to celebrate the new turf replacement of the S4 sports field.

He attended the Bicycle and Pedestrian Advisory Committee meeting on September 28 and the Council of Cities meeting on September 29. He also congratulated the Foster City Police Department and the San Mateo- Foster City School District for their new partnership, and thanked Police Chief Avelar and the San Mateo- Foster City School District for their work.

Mayor/President Froomin stated he attended the League of California Cities Conference.

On September 23, he attended the Community Emergency Response Team ( CERT) Skills Day . He attended the Community Bike Ride on September 24, and thanked Recreation Coordinator Landwehr, the Parks and Recreation, and the Police Department for their assistance at the event. On September 26, he read to student s at Audubon Elementary School and had the honor of swearing in the new Fire Captain and employees at the San Mateo Consolidated Fire Department’s badge pinning ceremony . On September 27, he attended the ribbon cutting ceremony for the Sea Cloud Park S4 sports field and encouraged the public to visit the new field. On September 28, he attended the

6.1 6.1 Minutes

9 board meeting for the South Bayside Waste Management Authority. On September 29, he attended the Council of Cities meeting and the Organization for Chinese Americans (OCA) 50th Anniversary Gala. He invited the public to attend the San Mateo Consolidated Fire Department Public Safety Open House on October 7.

ADJOURNMENT

Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting in memory of the late Senator Feinstein. Meeting adjourned at 7:39 p.m.

6.1 6.1 Minutes

10 4
4 8
DATE: October 16, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Edmund Suen, Finance Director
Mimi Lam, Financial Services Manager
DEPARTMENT: Finance
SUBJECT: AGREEMENT WITH HINDERLITER DE LLAMAS & ASSOCIATES (HDL) IN AN AMOUNT NOT TO EXCEED $33,900 TO PROVIDE

BUSINESS LICENSE TAX ADMINISTRATION SERVICES AND
APPROPRIATION OF $33,900 IN THE GENERAL FUND’S

FINANCIAL SERVICES DEPARTMENT

RECOMMENDATION
It is recommended the City Council/EMID Board (City Council) approve a resolution authorizing the City Manager to execute an agreement with Hinderliter De Llamas & Associates (HdL) in an amount not to exceed $33,900 to provide business license tax administration services and approving a supplemental budget appropriation of $33,900 in the General Fund’s Financial Services Department, account number 001-1140-415- 4251.

EXECUTIVE SUMMARY
The Financial Services Department currently administers its business license tax (BLT) internally. Unlike many other cities, Foster City does not have the staffing capacity to do revenue recovery/code compliance on entities who are non-compliant with the City’s BLT ordinance, nor does it have the capacity to do BLT audits. Many such cities within San Mateo County have contracted out BLT administration to service providers who have developed software and tools to address the revenue recovery and BLT audit needs so that cities can improve its total collection of BLT. There are two main service providers, Avenu Insights & Analytics, LLC (Avenu) and HdL that provide these

6.2 6.2 Staff Report

11 4
4 8
services. However, HdL is the market leader with 11 client cities just in San Mateo County. In addition, HdL has a shorter implementation window, and its fees are lower than Avenu. Their estimated fees for fiscal year 2023-24 are $33,900 including $5,000 for implementation. The $33,900 is based on an estimate of up to 1,700 licensee accounts at $17 per account. In addition, revenues collected from its tax discovery and tax audits are assessed a 40% contingent fee (i.e. the City receives 60% of such tax collections). Based on a common business understanding, staff considers this contingent fee reasonable for similar sized cities. City staff recommends the City Council approve a resolution authorizing the City Manager to execute an agreement between the City of Foster City and HdL for HdL to provide business license tax administrative services, including their business license software and to approve a supplemental budget appropriation of $33,900 in the General Fund’s Financial Services Department, account number 001-1140-415-4251.

BACKGROUND AND ANALYSIS
City staff has reviewed the two primary BLT administration services providers. Each provider has software and offers services to client agencies to process business license tax payments, discovery of unlicensed businesses and collection of corresponding taxes owed, and audit of business licenses. The two companies, Avenu and HdL provide competitive services, but City staff found HdL’s implementation turnaround and pricing superior to Avenu. HdL’s software platform will allow the City to take business licenses online, approve and review applications within the system, and process first time and renewal business tax payments online. The software can be used in-house by Finance staff to process business license applications in person and allows online access and payment processing for its business licensees. Many cities in California, including 11 cities in San Mateo County already use HdL to process their business license taxes and certificates. Therefore, City staff recommends contracting with HdL for their BLT administrative services including the use of their business license software.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The estimated cost of the business license tax administrative services for FY 2023-24 is $33,900, inclusive of $5,000 of implementation fees. A supplemental appropriation for this amount is needed in the General Fund’s Financial Services Department, account number 001-1140-415-4251. HdL anticipates that there will be incremental business license tax collected for the City from their revenue discovery and audit services that will substantially defray, if not exceed the $33,900 of estimated HdL fees. In addition, the outsourcing to HdL will help reduce staff overtime in administering the City’s business license program during the January to March peak BLT renewal months.

6.2 6.2 Staff Report

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4 8

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 - Agreement

6.2 6.2 Staff Report

13 RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN

AGREEMENT WITH HINDERLITER DE LLAMAS & ASSOCIATES (HDL) IN AN AMOUNT NOT TO EXCEED $33,900 TO PROVIDE BUSINESS LICENSE TAX

ADMINISTRATION SERVICES AND APPROVE A SUPPLEMENTAL BUDGET APPROPRIATION OF $33,900 IN THE GENERAL FUND’S FINANCIAL SERVICES DEPARTMENT, ACCOUNT NUMBER 001-1140-415-4251

CITY OF FOSTER CITY
WHEREAS, the Financial Services Department currently administers its business license tax (BLT) program internally; and
WHEREAS, unlike many other cities, Foster City does not have the staffing capacity to do revenue recovery/code compliance on entities who are non-compliant with the City’s BLT ordinance, nor does it have the capacity to do BLT audits, and WHEREAS, many such cities within San Mateo County have contracted out BLT administration to service providers who have developed software and tools to address revenue recovery and BLT audit needs so that cities can improve its total collection of BLT; and
WHEREAS, the City Council desires to enter into an agreement with HdL to provide the City of Foster City with business license tax administrative services and their business license software.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Foster City authorize the City Manager to execute an agreement, dated October 16, 2023, with Hinderliter De Llamas & Associates (HdL) and the City of Foster City for HdL in an amount not to exceed $33,900 to provide business license tax administration services, including their business license software to Foster City and approve a supplemental budget appropriation of $33,900 in the General Fund’s Financial Services Department, account number 001-1140-415-4251.

6.2 Attachment 1 - City Resolution

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2 7
9 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

JON FROOMIN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - City Resolution

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PROFESSIONAL SERVICES AGREEMENT
FOR

BUSINESS LICENSE SERVICES
This Agreement is made and entered into as of the 16 th day of October, 2023 by and between the City of Foster City hereinafter called "CITY" and Hinderliter De Llamas & Associates (aka HdL) hereinafter called "CONSULTANT". CITY and CONSULTANT shall be collectively referred to as “Parties”.

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein. Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties. Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

1.2 CONSULTANT warrants that it will perform the Services in a professional manner in accordance with professional standards. In performing the Services, CONSULTANT is acting as an independent CONSULTANT (and not as an agent or employee of CITY).

1.3 CITY acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement

6.2 Attachment 2 - Agreement

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with CONSULTANT wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of CONSULTANT and such other public agency and not CITY.

1.4 This Agreement does not limit the right of CONSULTANT to enter into additional contracts with CITY or to contract with other persons or entities (that are not CITY) to provide them with merchandise or services of any kind whatsoever, including, but not limited to, services similar to the Services.

2. Term; Termination. (a) The initial term of this Agreement commences as of the Agreement Date and, unless terminated earlier pursuant to any of this Agreement's express provisions, will continue in effect until twelve (12) months from such date (the “Initial Term”). This Agreement will automatically renew for successive twelve (12) month terms unless earlier terminated as set forth herein or either party gives the other party written notice of non-renewal at least one hundred twenty (120) days prior to the expiration of the then-current term (each a “Renewal Term” and, collectively, together with the Initial Term, the “Term”). (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in accordance with the description of Fees for Services identified in the Fee

6.2 Attachment 2 - Agreement

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Schedule marked as Exhibit “B”, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of THIRTY THREE THOUSAND NINE HUNDRED DOLLARS ($33,900)
plus a contingency fee of 40% for their discovery and audit services as described in Exhibit B. Invoices for amounts in excess of the amounts provided herein shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

3.2 Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

3.3 CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

3.4 CONSULTANT may increase the Fees from time to time.

CONSULTANT may notify CITY of a request that such Fee increase and CITY may request that the Fee increase be modified or revoked and, if CONSULTANT fails to do so to CITY’S satisfaction within thirty (30) days after the receipt of such request, CITY may terminate this Agreement without cause pursuant to Section 2.

6.2 Attachment 2 - Agreement

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4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by

6.2 Attachment 2 - Agreement

19 5
any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

9. CITY Support.

9.1 CITY will promptly provide in writing to CONSULTANT all data and other information relating to or which may be necessary for CONSULTANT’s performance of the Services. Without limiting the foregoing, CITY will keep CONSULTANT informed on a timely basis in writing as to the existence and amendments of the laws, ordinances and/or regulations under which CONSULTANT is performing the Services (including any adopted by CITY). CONSULTANT will be permitted to rely on the accuracy, timeliness and completeness of the information provided by CITY, and in no event will CONSULTANT be liable to CITY or others as a result of such reliance.

9.2 CITY will examine all of CONSULTANT’S reports, specifications, notices, proposals and other documents. In the event that a decision is required of CITY in order for CONSULTANT to perform the Services, CITY will render such decision in writing in a timely manner.

9.3 Promptly following any request from CONSULTANT, CITY will adopt and maintain in full force and effect resolutions in forms acceptable to CITY and in accordance with applicable law authorizing CONSULTANT to examine the confidential sales tax and other relevant records of CITY throughout the Term and, for so long as any Fees are still accruing pursuant to this Agreement, after the Term.

9.4 CITY will assist CONSULTANT in obtaining such licenses, permits and approvals as may be required by law for performing the Services, and CITY will pay all fees, assessments and taxes related to the application, issuance and maintenance thereof.

9.5 The Services do not include services that CONSULTANT may be required or requested to provide to support, prepare, document, bring, defend or assist in litigation undertaken or defended by CITY (“Litigation

6.2 Attachment 2 - Agreement

20 6
Services”). If CONSULTANT agrees with CITY or is required to perform Litigation Services, CITY will promptly pay CONSULTANT for all of CONSULTANT’S costs and expenses related to Litigation Services at CONSULTANT’s actual cost, plus ten percent (10%) thereof (all of which are deemed to be additional Fees).

10. Relationship of Parties. CONSULTANT is an independent CONSULTANT and does not act as City’s agent in any capacity, whatsoever.

CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits.

Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

11. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

12. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its SubCONSULTANTs), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any
SubCONSULTANT, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is

6.2 Attachment 2 - Agreement

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unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

13. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

14. Workers’ Compensation. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code,

6.2 Attachment 2 - Agreement

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and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

15. Non-Discrimination. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

16. Confidentiality; Software Use and Warranty; Records.

16.1 CONSULTANT will comply with the requirements of the applicable laws, ordinances and/or regulations concerning the confidentiality of tax records of which it has been informed by CITY pursuant to Section 9.

16.2 As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in CONSULTANT’s Business, including without limitation: CONSULTANT’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) materials, techniques and intellectual property used. Except as otherwise required by law, CITY must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by CITY in connection with this Agreement. The terms of this Section 16.2 do not apply to any information that is public information.

16.3 If access to any software which CONSULTANT owns is provided to CITY as part of this Agreement (including, without limitation, if CITY chooses to subscribe to such software and reports option as part of the Services) (such CONSULTANT-owned software is, collectively, the “Software”), CONSULTANT hereby provides a limited, non-exclusive, non- transferable license to CITY for the use by such of CITY’s staff as may be

6.2 Attachment 2 - Agreement

23 9
designated from time to time by CITY and approved by CONSULTANT in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized CITY staff, and CITY must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by CITY or any of CITY’s staff of the Software nor any rights of CITY or any of CITY’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. CITY may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of CONSULTANT. In the event of a breach of this provision (and without limiting CONSULTANT’s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to CONSULTANT. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and CITY must immediately deactivate, cease using and remove, delete and destroy all the Software (including, without limitation, from CITY’s computers and network). CONSULTANT warrants that the Software will perform in accordance with the Software’s documentation.

16.4 All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by CONSULTANT to CITY either in hard copy or electronically are the property of CITY. This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by CONSULTANT in the course of performing the Services that were not otherwise provided to CITY in either hardcopy or electronic form, all of which may be protected by CONSULTANT or others’ copyrights or other intellectual property. It is possible that any documents, drafts, communications or other work product provided to CITY may be considered public records under applicable law and/or may be discoverable through litigation.

CONSULTANT may publicly state that it performs the Services for CITY.

16.5 Subject to applicable law, CONSULTANT is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to CITY. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to CITY by CONSULTANT is the responsibility of CITY. CONSULTANT has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by CITY in the course of performing the Services (other than the final documents and other final work product

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24 10
related to the Services and provided to CITY for the term of years referenced above).

17. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: City Manager
Email: [email protected]
CONSULTANT: Hinderliter De Llamas & Associates (HdL)
120 State College Boulevard
Brea, CA 92821
Attn: George Bonnin,
Email: [email protected];

18. Non-Assignment. This Agreement is not assignable either in whole or in part.

19. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

20. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

21. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

22. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making

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a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

23. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, , CONSULTANT’s, or regulatory agency) which may have an interest in the subject matter of the Services.

24. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

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Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

25. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

26. Force Majeure. Except for defaults of subCONSULTANTs at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure).

Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

Any Force Majeure event with a duration in excess of not less than thirty (30) days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

27. California Department of Tax and Fee Administration Data.

CITY shall adopt a resolution in a form acceptable to the California Department of Tax and Fee Administration and in compliance with Section 7056 of the Revenue and Taxation Code, authorizing CONSULTANT to examine the confidential sales tax records of CITY. CITY further agrees to continue CONSULTANT’s authorization to examine the confidential sales tax records of the CITY by maintaining CONSULTANT’s name on the CITY resolution until such time as all CONSULTANT compliance work on behalf of CITY has been completed and any fee owing to CONSULTANT has been paid.

27.1 Section 7056 of the State of California Revenue and Taxation Code specifically limits the disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee Administration. Section

6.2 Attachment 2 - Agreement

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7056 specifies the conditions under which a CITY may authorize persons other than CITY officers and employees to examine State Sales and Use Tax records.

27.2 The following conditions specified in Section 7056-(b), (1) of the State of California Revenue and Taxation Code are hereby made part of this Agreement:

27.2.1 CONSULTANT is authorized by this Agreement to examine sales, use or transactions and use tax records of the Department of Tax and Fee Administration provided to CITY pursuant to contract under the Bradley- Burns Uniform Sales and Use Tax Law Revenue and Taxation Code section 7200 et.seq.

27.2.2 CONSULTANT is required to disclose information contained in, or derived from, those sales, use or transactions and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.

27.2.3 CONSULTANT is prohibited from performing consulting services for a retailer, as defined in California Revenue & Taxation Code Section 6015, during the term of this Agreement.

27.2.4 CONSULTANT is prohibited from retaining the information contained in, or derived from those sales, use or transactions and use tax records, after this Agreement has expired. Information obtained by examination of Department of Tax and Fee Administration records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the CITY as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code.

The resolution shall designate the CONSULTANT as a person authorized to examine sales and use tax records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

28. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
[Signatures on Next Page]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Jon Froomin, Mayor
(for contracts $50,000 or more)
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

HdL

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EXHIBIT A

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between HdL, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1.Services:

CONSULTANT will provide the following Services relative to CITY’s business license tax administration.

1. Operations Management Services

1.1. Establish and maintain database of CITY businesses.

1.2. Receive and process applications, renewals and payments in a timely fashion.

1.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by CITY.

1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. CONSULTANT license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).

1.5. Remit revenue to CITY no less than monthly.

1.6. Provide CITY staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.

2. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under-reported tax liability.

2.1. Discovery Services

2.1.1. Develop a list of businesses subject to CITY licensure or taxation.

2.1.2. Notify non-compliant businesses of their options to comply or dispute their non-compliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.

2.1.3. Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to CITY upon request.

2.1.4. Provide businesses with detailed invoicing and options to pay via website, mail, and phone.

2.1.5. Remit revenue to CITY no less than monthly, along with all business applications and any additional documentation.

2.2. Collection Services

2.2.1. Identify businesses subject to CITY licensure or taxation which have known debt to CITY and have failed to pay within an appropriate time frame.

2.2.2. Notify businesses of their options to comply or dispute their non-compliant status.

2.2.3. Provide businesses with detailed invoicing and options to pay via website, mail and phone.

2.2.4. Remit revenue to CITY no less than monthly.

2.3. Audit Services

2.3.1. Identify potential under-reporting and/or misclassified businesses.

2.3.2. Audit businesses mutually agreed to by CITY and CONSULTANT that are identified as potential under-reporting businesses.

2.3.3. Submit audit summaries to CITY and discuss further actions.

2.3.4. Educate businesses on proper reporting practices.

2.3.5. Invoice and collect identified delinquencies.

3. Online Payment Processing – CONSULTANT’s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.

6.2 Attachment 2 - Agreement

30 16

3.1. CITY Responsibilities

3.1.1. As a condition to its receipt of the Service, CITY shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

3.1.2. CITY hereby grants CONSULTANT the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. CITY represents and warrants that it has the full right and authority to grant these rights.

END OF EXHIBIT A

6.2 Attachment 2 - Agreement

31 17

EXHIBIT B

FEE SCHEDULE

1. Operations Management Services

1.1.Fees for performing operations management Services shall be $17.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice and, a one-time $5,000.00 implementation fee.

1.2.Fees will be increased as of January 1st of each calendar year. Each annual increase in the Fees will be equal to a fixed 4% CPI.

1.3.Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by CITY.

1.4.Fees will be invoiced monthly to CITY for Services performed during the prior month. Fees will be netted out of CITY’s monthly revenue disbursement. CITY will submit payment for any balance due to CONSULTANT within 30 days of receiving the invoice.

2. Compliance Services

2.1.Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).

2.1.1. Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

2.1.2. In the event that CITY discovers a non-compliant business and reports the business to CONSULTANT (including a calculation of all taxes/fees due), CONSULTANT will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.

2.1.3. Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.

2.1.4. Fees for performing audit Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

2.2.CONSULTANT recognizes CITY’s authority to waive or reduce the tax/fee debt of a business. Should CITY decide to do so for a business whose deficiency was identified by CONSULTANT, CONSULTANT shall be entitled to compensation in the amount of one half (1/2) of the Fees CONSULTANT would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a CITY voluntary election to waive, and thus, CONSULTANT would not be entitled to compensation related thereto under this provision.

6.2 Attachment 2 - Agreement

32 18

2.3.The fee shall be paid notwithstanding any related CITY assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.

2.4.Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by CITY.

2.5.Fees will be invoiced monthly to CITY for Services performed during the prior month. Fees will be netted out of CITY’s monthly revenue disbursement. CITY will submit payment for any balance due to CONSULTANT within 30 days of receiving the invoice.

3. Payment Processing – CONSULTANT will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or CITY funded model, as directed by CITY. CITY may switch between these models upon written request to CONSULTANT. Fees for each of these payment processing models are detailed here.

3.1.Taxpayer funded model – CITY authorizes CONSULTANT to collect each convenience fee from the taxpayer at time of payment.

3.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

3.1.2. ACH/eCheck processing - $1.25 per transaction

3.2.CITY funded

3.2.1. Credit and debit card processing – 2.9% of transaction amount

3.2.2. ACH/eCheck processing - $0.50 per transaction

3.3.Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

3.4.CONSULTANT reserves the right to review and adjust pricing related to payment processing services on an annual basis. CONSULTANT will communicate any such adjustment to CITY in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

END OF EXHIBIT B

6.2 Attachment 2 - Agreement

33 19

EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between CONSULTANT Name, hereinafter referred to as "CONSULTANT”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.CONSULTANT's Duty to Show Proof of Insurance. CONSULTANT, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of CONSULTANT's acts, errors, or omissions in connection with the performance of CONSULTANT's obligations, as required in this Agreement, shall secure and maintain insurance as described below. CONSULTANT shall not perform any work under this Agreement until CONSULTANT has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, CONSULTANT shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, CONSULTANT shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

CONSULTANT shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by CONSULTANT or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of CONSULTANT's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent CONSULTANTs working on the behalf of the named insured. CONSULTANT shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

6.2 Attachment 2 - Agreement

34 20
[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]
☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
CONSULTANT shall submit written proof that CONSULTANT is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. CONSULTANT shall require any SubCONSULTANTs to provide workers' compensation for all of the SubCONSULTANTs' employees, unless the SubCONSULTANTs' employees are covered by the insurance afforded by CONSULTANT. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, CONSULTANT shall provide and/or require each SubCONSULTANT to provide adequate insurance for the coverage of employees not otherwise covered. CONSULTANT shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the CONSULTANT’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by CONSULTANT. ☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, CONSULTANT, at CONSULTANT's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended

6.2 Attachment 2 - Agreement

35 21
reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2.City as Additional Insured
On CONSULTANT's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by CONSULTANT shall be maintained until the completion of all of CONSULTANT's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by CONSULTANT shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by CONSULTANT in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. CONSULTANT shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If CONSULTANT is, or becomes during the term of this Agreement, self-insured or a member of a self- insurance pool, CONSULTANT shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by CONSULTANT is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the CONSULTANT’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by CONSULTANT to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by CONSULTANT. City, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to CONSULTANT, City shall deduct from sums due to CONSULTANT any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to CONSULTANT pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, CONSULTANT agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve CONSULTANT of its obligation to obtain and maintain the insurance coverages required by this Agreement.

6.2 Attachment 2 - Agreement

36 22

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case CONSULTANT and its subCONSULTANTs shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. CONSULTANT's fees under this Agreement (and the fee of its subCONSULTANTs under subCONSULTANT agreements) shall be reduced by the amount of insurance premiums that may be avoided by CONSULTANT and its subCONSULTANTs by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of CONSULTANT's and subCONSULTANTs policies. Construction Manager and its subCONSULTANTs shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

6.2 Attachment 2 - Agreement

37 23

EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City (CITY)
610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

6.2 Attachment 2 - Agreement

38 24
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.2 Attachment 2 - Agreement

39 25

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and HdL (“CONSULTANT”) dated October 16, 2023.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the CONSULTANT (which for purposes herein includes all subCONSULTANTs) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID- 19, and other circumstances concerning COVID-19 not caused by the CONSULTANT and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. CONSULTANT acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the CONSULTANT’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the CONSULTANT shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the CONSULTANT did not know about, and reasonably should not have known about, as of the date the CONSULTANT submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the CONSULTANT will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the CONSULTANT’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subCONSULTANTs failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. CONSULTANT is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the CONSULTANT’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the CONSULTANT must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

6.2 Attachment 2 - Agreement

40 26
A. CONSULTANT shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

B. CONSULTANT is responsible to ensure that its subCONSULTANTs and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The CONSULTANT is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the CONSULTANT may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The CONSULTANT is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent CONSULTANT incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the CONSULTANT for Unknown COVID- 19 Costs that are not included in the schedule of values.

7. Safe Work Practices. CONSULTANT shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subCONSULTANTs, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. CONSULTANT remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the CONSULTANT to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. CONSULTANT shall immediately report to City any outbreaks of COVID-19 among its workers. The CONSULTANT shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]

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41 27
IN WITNESS WHEREOF, the City and CONSULTANT have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

6.2 Attachment 2 - Agreement

42 DATE: October 16, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Manager
DEPARTMENT: Parks and Recreation
SUBJECT: AGREEMENT WITH ELITE POWER WASHING COMPANY FOR

PARK SYSTEM AND CIVIC FACILITIES ROUTINE PRESSURE

WASHING SERVICES IN AN AMOUNT NOT TO EXCEED
$35,000 PER YEAR FOR A TOTAL OF $105,000 OVER A THREE-
YEAR PERIOD FROM NOVEMBER 1, 2023 THROUGH JUNE 30,
2026 WITH OPTIONAL EXTENSIONS THROUGH JUNE 30, 2028

RECOMMENDATION
It is recommended that the City Council of the City of Foster City adopt the attached resolution approving an agreement with Elite Power Washing Company for routine maintenance of City parks system and civic facilities in the amount not to exceed $35,000 per year for a total of $105,000 over a three-year period from November 1, 2023, through June 30, 2026, with optional extensions through June 30, 2028; authorizing the Mayor to execute the Agreement and authorizing the City Manager to execute any optional extensions, if exercised by the City.

EXECUTIVE SUMMARY
Annual routine pressure washing maintenance consists of cleaning various surfaces, including but not limited to parks, sidewalks, buildings, and other civic facility areas.

This service is essential to maintain the cleanliness and safety of public areas. Funding of $35,000 is available in the FY 2023-24 budget in account no. 001-0520-452-4251, Contractual Services, for this work. Adoption of the resolution will approve an

6.3 6.3 Staff Report

43 agreement with Elite Power Washing Company for routine pressure washing maintenance up to the annual budgeted amount during Fiscal Years 2023-2024, 2024- 2025, and 2025-2026 with optional extensions up to two (2) additional years.

BACKGROUND
Proactive pressure washing maintenance is pivotal for our community, as it elevates the appearance and safety of public spaces. Maintaining the cleanliness and upkeep of parks, sidewalks, buildings, and other civic facility areas not only fosters community pride and leaves a positive impression, but also mitigates potential safety hazards.

Over the years, the Parks and Recreation Department has collaborated with various vendors and City staff to diligently oversee and maintain cleanliness for a range of public spaces, including addressing issues such as spills and contamination. Regular cleaning is particularly effective in minimizing health risks associated with contaminants like animal/bird feces, mold, and mildew. Additionally, this maintenance practice significantly contributes to the preservation of our public infrastructure, prolonging its lifespan. Notably, it aligns seamlessly with our community's commitment to environmental responsibility.

ANALYSIS
On July 10, 2023, the City issued a Request For Proposal (RFP) for power washing services. Five (5) proposals were received by the July 22, 2023, due date. The RFP required proposers to provide pricing for various pressure washing services. While a contract of this amount would require an RFP to be approved by City Council pursuant to the City’s Purchasing Policy and Chapter 3.04 of the Foster City Municipal Code, staff had a good faith belief that the total agreement amount would fall below the City Council approval threshold given the original estimated costs for the power washing.

Upon review, Elite Power Washing Company was determined by staff to have submitted the overall lowest cost proposal, using both a total of each price and by applying the proposed rates for each service. As a result, staff is recommending that Elite Power Washing be the approved vendor for these services.

The scope of work is defined in the RFP that has been incorporated into the proposed Agreement. Adoption of the resolution will approve the agreement, which sets rates at which routine pressure washing maintenance will be compensated up to $35,000 per year during Fiscal Years 2023-2024, 2024-2025, and 2025-2026 with extensions up to two (2) additional years.

California Environmental Quality Act
Not Applicable

6.3 6.3 Staff Report

44 FISCAL IMPACT
The cost of power washing services with Elite Pressure Washing is in an amount not to exceed $35,000 per year for a total of $105,000 over a three-year period from November 1, 2023, through June 30, 2026. Funding of $35,000 is available in the FY 2023-2024 budget in Account No. 001-0520-452-2451, Contractual Services, for this work.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Pressure Washing Proposal Summary
Attachment 4 - Proposal from Elite Pressure Washing

6.3 6.3 Staff Report

45 1
2 7
3 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

APPROVING AN AGREEMENT WITH ELITE POWER WASHING COMPANY FOR

PARK SYSTEM AND CIVIC FACILITIES ROUTINE PRESSURE WASHING SERVICES IN AN AMOUNT NOT TO EXCEED $35,000 PER YEAR FOR A TOTAL OF $105,000 OVER A THREE-YEAR PERIOD FROM NOVEMBER 1, 2023 THROUGH JUNE 30, 2026 WITH OPTIONAL EXTENSIONS THROUGH JUNE 30, 2028

CITY OF FOSTER CITY
WHEREAS, regular power washing services are essential to maintain the cleanliness and aesthetics of public spaces within the city; and WHEREAS, the use of professional power washing services ensures the preservation of city infrastructure, including parks, sidewalks, buildings, and other civic facility areas; and
WHEREAS, there is an allocation of $35,000 available in the current fiscal year’s budget for contractual services related to power washing; and WHEREAS, on July 10, 2023 the City issued a Request for Proposal for power washing services, as the original estimated cost for the power washing was believed to be below the Council threshold for approval, the Request for Proposal was not submitted to the Council for approval pursuant to the City’s Purchasing Policy and Chapter 3.04 of the Foster City Municipal Code; and
WHEREAS, five (5) proposals were received by the July 22, 2023 due date; and WHEREAS, upon review, Elite Power Washing Company was determined to have submitted the overall lowest cost proposal, using both a total of each price and also by applying the proposed rates for each service; and
WHEREAS, Elite Power Washing has submitted a proposal offering the most cost- effective solution based on a competitive analysis of proposal rates compared to services provided in the previous fiscal year.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

Approve the Agreement dated November 1, 2023 with Elite Power Washing for routine maintenance of City parks system and civic facilities in an amount not to exceed $35,000 per year for a total of $105,000 over a three-year period from November 1, 2023, through June 30, 2026, with optional extensions through June 30, 2028; and authorize the Mayor to execute the Agreement; and

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46 1
2 7
3 Authorize the City Manager to exercise one or both of the two optional year-long extensions to the term of the Agreement at their discretion, following the procedure outlined in the Agreement.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

47 Professional Services
Agreement
1 PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR

LANDSCAPING
FOR

POWER WASHING SERVICES
T
his Agreement is made and entered into as of the 1st day of November 2023 by and between the City of Foster City hereinafter called "CITY" and Elite Pressure Washing Services, LLC hereinafter called "CONSULTANT".

RE CITALS
T
his Agreement is entered into with reference to the following facts and circumstances:

W
HEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
W
HEREAS, CONSULTANT is qualified to provide such services to the CITY and; N
OW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

P
erformance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

W
here in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire on June 30, 2026. (“Initial Term”). The Agreement may be renewed in the sole discretion of the City Manager for two, one -year (12 months), extended terms as follows (“Extended Terms”):

O ptional extended term will be from July 1,2026 to June 30, 2027 Optional extended term will be from July 1,2027 to June 30, 2028 (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, dir ect CONSULTANT to suspend, delay or interrupt Services, in

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whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in p art, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d ) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, dam age or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment . CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT ’s hourly rates for which services here under shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of One Hundred Five Thousand Dollars ($105,000) ($35,000 per year for each year of the Initial Term). If the CITY, in its sole discretion, exercises its option to extend the Agreement for the Extended Terms, comp ensation shall not exceed Thirty-Five Thousand Dollars ($35,000) for each of the Extended Terms. Invoices for amounts in excess of Thirty Five Thousand Dollars ($35,000.00) per year shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $5 0,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to

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the reason able satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment per iod on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $5 0,000) or City Council (for contracts $5 0,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable theref or, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

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prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Sc hedule established in Exhibit A and within the times specified for each individual Project.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City ’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically ident ified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the

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performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

11. Prevailing Wage. CONSULTANT shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

CONSULTANT shall comply with the 8 -hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly.

CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.

12. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (incl uding, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsul tants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of , pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense cos ts due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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52 6

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of thi s Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

14. Workers' Compensation. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

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that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

16. Notice. All notices required by this Agreement shall be given to the CIT Y and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Frank Fanara

CONSULTANT: Elite Power Washing Services, LLC
4361 Pell Dr. Ste, 100
Sacramento, CA 95838
Attn: Lysha Lewis
Email: [email protected]

17. Non-Assignment. This Agreement is not assignable either in whole or in part.

18. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

19. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

20. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rul es. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any prov ision of the Agreement, the unsuccessful party will pay the

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reasonable attorney’s fees and expenses of litigation of the successful party.

21. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

22. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share own ership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, cont ractors, or regulatory agency) which may have an interest in the subject matter of the Services.

23. Liability of CITY.

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or pr operty as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including

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55 9
attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT , its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

24. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agr eement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

25. Force Majeure. Excep t for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure) . Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

Any Force Majeure event with a duration in excess of [30] days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

26. Entire Agreement . This Agreement, including Exhibit s A, B , C, and D comprises the entire Agreement.

[Signatures on Next Page]

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56 10

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY

Dated: _________________________________ Jon Froomin, Mayor
(for contracts over $50,000)

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

CONSULTANT

Dated:

Lysha Lewis, COO/Co-Owner

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57 11

EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND

DELIVERABLES FOR

POWER WASHING SERVICES

SERVICES TO BE PROVIDED

This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated November 1, 2023 by and between Elite Pressure Washing Services, LLC hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1. Description of the Project:

1.1 DESCRIPTION: Pressure washing of City Facilities identified in this Exhibit A.

2. Basic Services:

The CITY has developed a general scope of work as described below.

The following scope of services and project responsibilities describe the specific tasks to be performed by the Contractor. If the Contractor believes that the project can be enhanced by the addi tion of other task(s) or deletion of any specified task(s), such information shall be included in the proposal.

a. The work to be performed consists of pressure washing services including, but not limited to removing goose and animal droppings, graffiti, gums, heavily soiled or miscellaneous stains from park hardscape and softscape surfaces such as concrete pavements, decks, playgrounds, ball courts, synthetic turf surfaces, paved pathways and walkways, easements, boardwalks, dog park, skate park, amphitheater, parking lots, concrete floors of kiosks and shelters, bleachers, and park furniture such as benches, tables, etc., monuments and sculptures, and other items as requested.

b. The Contractor shall provide all labor, materials, tools, and equipment to perform high- pressure steam cleaning and hydro-scrubbing of designated areas of parks and other locations. The City will not provide storage for any Contractor equipment.

c. Gum, heavily soiled or miscellaneous stains, etc. should be spot-cleaned prior to hydro-scrubbing.

d. Contractor shall use only hot, pressurized water, not chemicals or cleaning agents, except for graffiti removal.

e. Contractor shall use high pressure steam cleaning for removal of:

• Dirt and stains
• Human and animal waste stains
• Food waste stains
• Gum and other substances/objects that may stick to hard and paved surfaces

f. Contractor shall place a <Caution> sign in both directions within the work area for that day. • Sign description: “Caution pressure washing in progress.” • Sign shall be installed on a standard Type I or Type II barricade.

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g. Contractor shall provide and cover all storm drain inlets within the work area with 20-mesh or finer material/fabric to prevent any pollutant or debris from entering the storm drain system .

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

Thirty-Five Thousand per year.

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

Monthly Lump Sum Payments Upon Receipt of Invoices

3. TIMES OF PAYMENTS.

Upon receiving monthly invoices

PROJECTS AND SCHEDULE

Service will be provided at the times and locations identified below. as follows • City Hall as Requested.
• Police Department Premises as Requested
• Library/Community Center Premises as Requested
• Recreation Center Premises as Requested and before Special Events • Teen Center Premises as Requested
• Boothbay Park Picnic Area Premises as Requested
• Foster City Dog Park 2x per week from April-November (may be adjusted based on weather)
• Leo J Ryan Memorial Park during goose molting season (May thru August) 3x a week or as requested other times of the year.

DELIVERABLES

CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

1. PROJECT DELIVERABLES

1.1 DELIVERABLES: Power Washing specified areas

1.2 OTHER:

2. CONSULTANT SERVICES . The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1 SERVICES: Power Washing specified areas as identified in green below.

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Foster City parks: Leo J. Ryan Memorial Park

Foster City Dog Park

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Boothbay Park picnic area

City Hall premises

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61 15

Police Department premises

Library/Community Center premises

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Recreation Center premises

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Teen Center premises

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
Summary
Term. The initial term of the Agreement shall be three years, from November 1, 2023, to June 30, 2026.

The Agreement may be renewed in the sole discretion of the City for two, one-year (12 months), extended terms as follows:

• Optional extended term will be from July 1,2026 to June 30, 2027 • Optional extended term will be from July 1,2027 to June 30, 2028

Location/Description Cost Per
Occurrence
Foster City parks: Leo J. Ryan Memorial Park $260.00
Foster City Dog Park $150.00
Boothbay Park picnic area $160.00
City Hall premises $180.00
Police Department premises $150.00
Library/Community Center premises $150.00
Recreation Center premises $160.00
Teen Center premises $260.00
Fourth of July $480.00
Summer Days (August) $800.00

The maximum payment to CONSULTANT under this Agreement for the Project shall be:

Thirty Five Thousand Dollars ($35,000.00) per year to be paid in accordance with Exhibit A.

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65 19

EXHIBIT C

INSURANCE FORMS

CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated November 1, 2023 by and between Elite Pressur e Washing Services, LLC hereinafter referred to as " Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the per formance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City 's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicabl e insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shal l supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certi ficate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the subm ission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concer ning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily in jury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the be half of the named insured. Consultant shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and three million dollars ($3,000,000) aggregate.

*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City , its Council members, officials, agents, officers, and employees”.

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☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreem ent with coverage equal to the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence.

☒ Workers' Compensation Insurance

Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employe es are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant t o provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.

Professional Liability Insurance

Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

Installation Floater

Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.

Cyber Liability Insurance

Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

1.2 Self-Insured Retention

Any self -insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage

If any of the insurance coverages required under this Agreement is written on a claims -made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective dat e of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

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2. City as Additional Insured

On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non- payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self -insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.

The City will not ac cept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above- required coverages.

3.4 For any claims related to the Agreement, the Consultant ’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, e mployees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consul tant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associ ated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

6.3 Attachment 2 - Agreement

68 22

Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusio n of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

6.3 Attachment 2 - Agreement

69 23

EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability : (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability : the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

Workers Compensation : work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

6.3 Attachment 2 - Agreement

70 24

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.3 Attachment 2 - Agreement

71 25

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and Elite Pressure Washing Services, LLC. (“Consultant”) dated November 1, 2023.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

6.3 Attachment 2 - Agreement

72 26

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.

[Signatures on Next Page]

6.3 Attachment 2 - Agreement

73 27

IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

6.3 Attachment 2 - Agreement

74 Professional
Powerwashing
Maintenance
EcoSanitation, LLC Puma Power Wash Clark ServicesElite Pressure Washing Services, LLC
Routine Pressure Washing Services at:

No.
1 Description Address/Location Cost Per Occurrence
Foster City parks: Leo J. Ryan Memorial Park;
Foster City Dog Park; Boothbay Park picnic
area
Refer to areas highlighted in Foster City
Map $289.00
$289.00
$289.00
$289.00
$289.00
$289.00
$5,311.78
$750.00
$550.00
$600.00
$550.00
$600.00
$1,595.00
$1,650.00
$1,250.00
$1,150.00
$1,250.00
$1,235.00
$570.00
$180.00
$150.00
$150.00
$160.00
$260.00
250.00 Per site
2 3
4 5
6 City Hall premises 610 Foster City Blvd.
1030 E Hillsdale Blvd.
1000 E Hillsdale Blvd.
650 Shell Blvd.
$250.00
$250.00
$250.00
$250.00
$250.00
Police Department premises
Library/Community Center premises
Recreation Center premises
Teen Center premises 670 Shell Blvd.

Pressure washing before and after City events:
1 2
Fourth of July
Summer Days – in August
Leo Ryan Park
Leo Ryan Park
$599.00
$599.00
$4,268.91
$4,268.91
$1,550.00
$1,650.00
$480.00
$800.00
$250.00
$250.00

6.3 Attachment 3 - Pressure Washing Proposal Summary

75 6.3
Attachment 4 - Proposal from Elite Pressure Washing

76 4
6 5
DATE: October 16, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Andrew Brozyna, Public Works Director
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Civil Engineer
DEPARTMENT: Parks and Recreation
Public Works
SUBJECT: AWARD OF A SOLE SOURCE PROFESSIONAL SERVICES
AGREEMENT TO VERDE DESIGN, INC. IN THE AMOUNT OF
$49,800 TO PROVIDE PROFESSIONAL DESIGN SERVICES,

BIDDING SUPPORT, AND CONSTRUCTION SUPPORT FOR CIP
301-712 EDGEWATER PARK SOFTBALL AND SOCCER
SYNTHETIC RESURFACING (2023-2024)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing:

1. The Mayor to execute an agreement with Verde Design, Inc. in the amount of $49,800 for professional engineering services for the CIP 301-712 Edgewater Park Softball And Soccer Synthetic Resurfacing (2023-2024); and

2. The establishment of a contingency in the amount of $5,000 with authorization given to the City Manager or his designee, to execute contract amendments up to the contingency amount.

6.4 6.4 Staff Report

77 4
6 5

EXECUTIVE SUMMARY
The Edgewater Park Softball and Soccer Synthetic Resurfacing (Project) (CIP 301-712) consists of the resurfacing of the existing synthetic turf field at Edgewater. Due to the field’s usage and remaining useful life, the turf surface needs to be replaced. Verde Design, Inc. (Verde) has previously performed work within Foster City on several of the sports fields and parks, including the original design of the Edgewater synthetic turf field in 2014 and the synthetic turf resurfacing of the Sea Cloud Park S4 field in 2023. The City is requesting Verde Design, Inc. be awarded the design contract for the project based on their past work in Foster City and qualifications.

Existing funding of $900,000 is available for design and construction of this project. The City Council action will allow staff to award the project for design with anticipation of the construction starting spring 2024. Construction is anticipated to take 45 calendar days.

Edgewater Park is a popular recreation facility in the City and is used frequently by several youth and adult sport organizations.

BACKGROUND/ANALYSIS
The Project was developed based on the current condition of the synthetic turf field at Edgewater Park. The synthetic softball and soccer field was installed in FY 2013-2014 and needs to be resurfaced to maintain the integrity of the highly used field. Synthetic fields usually have a 10-year life span, and it is recommended that they are resurfaced in order to extend the overall life of the field. At a certain point, the entire field will need to be replaced due to the subsurface or drainage needing to be replaced. For this project, the subsurface is still in good condition and will likely only require minor repairs.

Verde Design, Inc. is the leader in sports field design in California, largely due to their commitment to their clients. To that end, they have repeatedly demonstrated their understanding of the Foster City Parks and Recreation staff, community input, and youth sports field layout needs and product design guidelines. Their communication with staff has always been respectful, responsive, open, and honest, with their resulting work product reflecting their emphasis on the best outcome with the Foster City community in mind.

Verde’s unmatched knowledge of sports field design, coupled with the technical construction documentation and oversight, has allowed the City to deliver successful CIP projects at Sea Cloud S3 and S4, Catamaran and Port Royal Parks in the past, including the original design of the Edgewater synthetic turf field in 2014 and the synthetic turf resurfacing of the Sea Cloud Park S4 field in 2023. Verde has years of experience with a variety of field types and can provide technical knowledge on current products. During the 2023 S4 synthetic turf resurfacing project, Verde provided valuable

6.4 6.4 Staff Report

78 4
6 5
insight to staff that helped transition the field from rubber infill to olive pit infill. Verde Design, Inc. repeatedly worked in advance of all projects to assess the feasibility of potential project sites, identify potential project challenges, and create preliminary budgets. After the projects were completed and construction work finished, they were present to assist in post project walk throughs, evaluations, and to assist staff in addressing warranty items. They have been an advocate for the City in addressing components on warranty with our field turf vendors. Based on their past work and familiarity with Foster City Parks, it is recommended they perform the design on this Project.

Section 3.04.140(B)(2) of the Foster City Municipal Code requires that the City Council authorize the issuance of a request for qualifications or proposals (RFP or RFQ) for contracts for architectural and engineering services, services estimated to exceed $50,000, or alternatively, to authorize a department head or the City Manager to negotiate directly with a single provider. Staff believes that Verde is uniquely qualified to provide design and engineering work for the synthetic resurfacing installation at Edgewater Park, given their experience during previous projects and for this reason staff requests that the City Council authorize award of a contract to Verde directly rather than calling for issuance of RFPs or RFQs.

If approved, the contract would call for the following timeline:

Estimated Timeline
Project Kick-Off October 2023
Initial Design October 2023 – November 2023
Final Design December 2024
Authorization to call for bids January 2024
Advertisement/Call for Bids January 2024 – February 2024 Contract Approval and Award February 2024 – March 2024
Pre-Construction Coordination March 2024
Construction Start Date April 2024
Alternatively, the Council could direct staff to issue an RFP and solicit proposals from other vendors, in addition to the proposal submitted by Verde. If the Council instructs, staff could return seeking authorization to enter into a contract after receiving responses to the RFP. This would likely push the project timeline back two to three months to allow time for the RFP to be issued, for vendors to submit responses, and for staff to evaluate the responses and the return to Council for contract award.

CEQA

6.4 6.4 Staff Report

79 4
6 5
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities.

FISCAL IMPACT
The proposed fees in the amount of $49,800 have been determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $5,000 or approximately 10% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required. Funding in the amount of $900,000 for CIP 301-712 is available in the City CIP fund.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Agreement

6.4 6.4 Staff Report

80 1
2 8
0 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

AUTHORIZING THE EXECUTION OF A SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT WITH VERDE DESIGN, INC. IN THE AMOUNT OF $49,800 TO PROVIDE

PROFESSIONAL DESIGN SERVICES, BIDDING SUPPORT, AND CONSTRUCTION SUPPORT FOR CIP 301-712 EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING PROJECT (2023-2024); AND FINDING THE APPROVAL

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3) AND 15301(C)—EXISTING

FACILITIES

CITY OF FOSTER CITY
WHEREAS, City staff have successfully negotiated a contract for professional design services and construction support for the installation of synthetic turf at Edgewater Park for the softball and soccer field with Verde Design, Inc.; and WHEREAS, Verde Design, Inc. has previously provided professional design services and construction support on synthetic turf fields throughout Foster City, including the original design of the Edgewater synthetic turf field in 2014 and the synthetic turf resurfacing of the Sea Cloud Park S4 field in 2023; and

WHEREAS, engaging Verde Design, Inc. will provide the City with Verde Design’s extensive knowledge and experience relating to Foster City parks projects; and

WHEREAS, given Verde Design’s unique knowledge and experience, the City Council has determined that this contract will be awarded without the issuance of a Request for Proposals; and

WHEREAS, funding in the amount of $900,000 is available in the City CIP fund for CIP 301-712 Edgewater Park Softball and Soccer Synthetic Resurfacing (2023-2024) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The Mayor to execute an agreement dated October 16, 2023 with Verde Design, Inc. in the amount of $49,800 for professional design services, bidding support, and construction support for CIP 301-712 Edgewater Park Softball and Soccer Synthetic Resurfacing (2023-2024); and

2. The establishment of a contingency in the amount of $5,000 with authorization given to the City Manager, or his designee to execute contract amendments up to the contingency amount

6.4 Attachment 1 - Resolution

81 1
2 8
0 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Agreement, in the forms attached hereto, with minor, non-substantive revisions that may be approved by the Mayor and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Agreement.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

82 Edgewater Park Softball and Soccer Synthetic Resurfacing 1

PROFESSIONAL SERVICES AGREEMENT
FOR
CIP 301-712 - EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING (2023-2024)
This Agreement is made and entered into as of the 16th day of October, 2023 by and between the City of Foster City hereinafter called "CITY" and Verde Design, Inc. hereinafter called "CONSULTANT".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

TERMS AND CONDITIONS

Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b)
Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the

6.4 Attachment 2 - Agreement

83 Edgewater Park Softball and Soccer Synthetic Resurfacing 2 date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum forty- nine thousand eight hundred dollars ($49,800). Invoices for amounts in excess of forty-nine thousand eight hundred dollars ($49,800) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

6.4 Attachment 2 - Agreement

84 Edgewater Park Softball and Soccer Synthetic Resurfacing 3 reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

6.4 Attachment 2 - Agreement

85 Edgewater Park Softball and Soccer Synthetic Resurfacing 4 Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

6.4 Attachment 2 - Agreement

86 Edgewater Park Softball and Soccer Synthetic Resurfacing 5 CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s
proportionate percentage of fault.

6.4 Attachment 2 - Agreement

87 Edgewater Park Softball and Soccer Synthetic Resurfacing 6

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

6.4 Attachment 2 - Agreement

88 Edgewater Park Softball and Soccer Synthetic Resurfacing 7

15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Amy Zhou
CONSULTANT: Verde Design, Inc.

Attn. Devin Conway
2455 The Alameda, Suite 200
Santa Clara, CA 95050
408.985.7200
[email protected]

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party

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89 Edgewater Park Softball and Soccer Synthetic Resurfacing 8 for purposes of the settlement and each party shall bear its own legal costs.

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

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90 Edgewater Park Softball and Soccer Synthetic Resurfacing 9 remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure).

Force Majeure events include the following:

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Jon Froomin, Mayor
ATTEST:

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91 Edgewater Park Softball and Soccer Synthetic Resurfacing 10 Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Devin Conway, P.E.

Verde Design, Inc.

Principal

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92 Edgewater Park Softball and Soccer Synthetic Resurfacing 11

EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND

DELIVERABLES FOR
CIP 301-712 - EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING (2023-2024)

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated October 16, 2023, by and between Verde Design Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1.Description of the Project:

1.1 DESCRIPTION: The City of Foster City (City) is seeking the replacement of the synthetic turf field at Edgewater Park. Verde Design will work with the City to review potential turf products and to develop turf specifications and bidding documents for the turf replacement. No drainage system improvements are planned as part of the project.

2.Basic Services:

The CITY has developed a general scope of work as described below.

A. Project Start-up / Site Assessment – Estimated Duration: 2-3 weeks

1. Attend one kick-off meeting with City to discuss project site, project bidding, overall budget, timeline, and parameters. Meeting agenda and minutes to be provided.

2. Walk project site and validate existing conditions.

3. Set up CAD files for project.

4. Utilizing the digital CAD files and as-built drawings, develop existing conditions base for the intended improvements.

B. Initial Design – Estimated Duration: 3-4 weeks

1. Attend an in-person meeting with the City to review turf products.

2. Develop an initial drawing set which will be an approximate 50% CD submittal package.

Digital submittal will include a single package, and include the following items:
i.Cover sheet
ii.Existing conditions plan
iii.Erosion / Sedimentation control plan
iv.Demolition plan
v.Layout/ Material plan
vi.Construction details
vii.Draft Technical Specifications
viii.Statement of Probable Construction Costs

3. Attend one virtual page turn meeting with the City to review the submittal and receive comments.

C. Final Design – Estimated Duration: 3-4 weeks

1. Incorporate 50% design submittal review comments.

2. Develop a 90% PS&E submittal package, including marking up of City front end documents and providing bid descriptions and bid quantities for bid form

3. Complete an internal Redline/QC review by Verde staff.

4. Provide the 90% submittal package to the City digitally for review and final comment.

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93 Edgewater Park Softball and Soccer Synthetic Resurfacing 12

5. Attend one virtual review meeting with City staff to present and review 90% package, to receive final comments, and confirm bidding strategy.

6. Incorporate comments received from the City on the 90% Submittal.

7. Prepare the 100% Submittal, including complete construction documents, specifications, and cost estimate.

8. Complete Final Internal Redline/QC review by Verde staff.

9. Provide an electronic copy of the drawings in AutoCAD as required and in PDF Format, specifications in MS Word and PDF format, and a cost estimate in Excel and PDF format.

D. Bid Support and Construction Services

1. Contact potential bidders relative to the bid package.

2. Attend a Pre-Bid Conference. Respond to questions from prospective bidders. Assist in issuing addenda as directed by the City.

3. Review bids and provide evaluation as appropriate.

4. Attend, a virtual Pre-Construction Meeting.

5. Conduct two (2) virtual project meetings and two (2) in-person site visits during construction at appropriate stages.

6. Review shop drawings submittals, change order requests (CO), requests for information (ROI), and written recommendations to the City.

7. Upon project substantial completion, walk project site and generate punch list for identified deficiencies.

8. Complete one final walkthrough for the turf installation and generate final punch list, if necessary. All subsequent punch walks will be billed on an additional Time-and-Materials basis.

9. Review all Turf Company warranty and M&O documentation for the turf product.

10. Walk field approximately nine months after project completion to confirm field is meeting intended performance characteristics.

City to provide the following information:

1. Specific requests regarding project budget and schedule

2. Specific Field Layout and Marking / Striping requirements for the turf field area.

The following items are specifically not included in the Scope of Services:

1. Presentations to public bodies.

2. Engineering (Geotechnical, Mechanical & Structural) or Architecture Services.

3. Construction Management services.

4. Subsurface and utility investigation/validation.

5. Field Gmax, permeability, and planarity testing during construction

6. Existing synthetic turf environmental testing (may be required by specific landfills)

7. Utility relocation design and documentation services

8. Permitting or Coordination with any public agency

9. Environmental review, studies, or CEQA documentation.

10. Meetings other than those listed

11. Field Drainage Design Efforts

12. C.3 and QSD / QSP services

13. Topographic and Utility Surveying Services

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94 Edgewater Park Softball and Soccer Synthetic Resurfacing 13

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

Task A: Project Start-up / Site Assessment $ 8,250
Task B: Initial Design $11,500
Task C: Final Design $20,400
Task D: Bid Support & Construction Services $ 9,600
Total: $49,800

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

Monthly invoices

3. TIMES OF PAYMENTS.

Invoices shall be sent by the 10th of the month for work completed through the 25th of the previous month.

PROJECTS AND SCHEDULE
Project Kick-Off October 2023
Initial Design October 2023 – November 2023
Final Design December 2024
Advertisement/Call for Bids January 2024 – February 2024 Contract Approval and Award February 2024 – March 2024
Pre-Construction Coordination March 2024
Construction April 2024

DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

1. PROJECT DELIVERABLES

1.1DELIVERABLES: Consultant shall provide deliverables as described in the basic services

2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1SERVICES: Consultant shall provide deliverables as described in the basic services

END OF EXHIBIT A

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95 Edgewater Park Softball and Soccer Synthetic Resurfacing 14

EXHIBIT B

FEE SCHEDULE

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96 Edgewater Park Softball and Soccer Synthetic Resurfacing 15

EXHIBIT C

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement October 16, 2023, by and between Verde Design, Inc., hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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97 Edgewater Park Softball and Soccer Synthetic Resurfacing 16 ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days

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98 Edgewater Park Softball and Soccer Synthetic Resurfacing 17 written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.

The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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99 Edgewater Park Softball and Soccer Synthetic Resurfacing 18

EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

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Edgewater Park Softball and Soccer Synthetic Resurfacing 19 SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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Edgewater Park Softball and Soccer Synthetic Resurfacing 20

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and Verde Design, Inc. (“Consultant”) dated October 16, 2023.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

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Edgewater Park Softball and Soccer Synthetic Resurfacing 21

3. Compliance with COVID-19 Proclamations.

B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]

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Edgewater Park Softball and Soccer Synthetic Resurfacing 22 IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

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DATE: October 16, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Tracy Avelar, Police Chief
DEPARTMENT: Police
SUBJECT: AUTHORIZING THE APPROPRIATION OF $10,000 FROM THE GENERAL FUND BALANCE TO ACCOUNT NO. 005-0110-413-
4251 TO SIGN UP FOR THE CORA SPEAK UP CAMPAIGN FOR

THE CITY OF FOSTER CITY

RECOMMENDATION
It is recommended that the City Council of the City of Foster City adopt the attached resolution approving funding for CORA (Community Overcoming Relationship Abuse) SPEAK UP, a County-wide education and training pilot program in Foster City for a contribution in the amount of $10,000. Furthermore, it is recommended that the City Council authorize an appropriation in an amount not-to-exceed $10,000 to the City Manager Department Community Benefits Program Fund – Contractual, Professional, and Specialized Services Budget (Account No. 005-0110-413-4251) to fund the contribution.

EXECUTIVE SUMMARY
In the aftermath of the murder of a young woman in broad daylight outside her home in San Carlos last September, CORA and the City of San Carlos launched SPEAK UP to save lives. The campaign educates community members through outreach to local businesses so that anyone experiencing intimate partner abuse is offered a safe path to seek help.

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BACKGROUND
Following the tragic murder of a young wife and mother in September of 2022, CORA and the City of San Carlos launched a pilot program called SPEAK UP. The goal of the SPEAK UP Program is to provide a broad range of local businesses with training and tools to identify the signs of domestic violence and strategies to support their clients in a safe and helpful way. The SPEAK UP Program is rooted in the belief that when the community is informed and empowered to offer help, it is better prepared to reduce violence. The City of San Carlos has worked with CORA to devise a strategy to share the training with other cities in San Mateo County.

CORA is the only agency in San Mateo County solely dedicated to helping those affected by intimate partner abuse. CORA receives over 12,000 requests for services each year and offers a range of programs and services, including:

1. 24-Hour, Multilingual Crisis Hotline, which provides trained crisis counselors who assist with crisis intervention, safety planning, emotional support, access to emergency safe houses, and community referrals.

2. Emergency Response Program, which is a partnership with all of San Mateo County’s law enforcement agencies to increase victim safety and help responding officers connect survivors with counselors.

3. Housing and Advocacy Program, which operates the only safe houses in San Mateo County and can provide survivors with safe housing solutions and subsidies.

4. Family-Centered Adult and Child Mental Health Services, which provides multilingual individual and family therapy.

5. Legal Services, which operate a free Legal Line and provide legal advice, information, and referrals to community resources. As a 501(c) (3) charitable, nonprofit organization, CORA’s revenue comes from government grants (71%), foundations (14%), and individual donations (13%).

ANALYSIS
SPEAK UP is offered as a 3-month pilot program and efficacy will be evaluated by CORA. If the program is deemed successful and well-received by those receiving the training, the program may be continued in the future. However, the $10,000 contribution is for the pilot program, and the City will have the opportunity to renew participation. It should be noted that the City has separately allocated $6,084 to CORA for Fiscal Year 2023-2024. This fee is an annual fee that was agreed upon in an MOU with the San Mateo County Police Chiefs and Sheriff Association. This funding supports the Emergency Response Program (ERP), which provides immediate, telephone-based crisis counseling to intimate partner abuse survivors at the scene of 9-1-1 intimate partner abuse calls. The City also donated $8,000 as part of its nonprofit funding process in FY 2023-2024 to support CORA’S general operations. The emergency

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response program and general support funding are separate from the SPEAK UP campaign.

By signing on to be a SPEAK UP partner, the City of Foster City will receive:
• 270-300 outreach touches (outreach to business and community partners including a collection of resource materials)
• 60 presentations, each 15 minutes long, offered in-person or on Zoom, with language access provided by CORA as needed
• Certificates to post that show the business or organization receiving the training is a part of SPEAK UP
• Two City employee presentations
• Acknowledgement of the City of Foster City’s partnership on the CORA website, and the City of Foster City will be named in public service announcements for County-wide messaging during Domestic Violence Awareness Month (DVAM) in October.

The campaign outreach to businesses can include nail and beauty salons, dental offices, fitness gyms, and any other business. The brief training provides employees in these businesses (large and small) with quick tools to spot intimate partner abuse and to offer resources.

Each SPEAK UP City Campaign will last 3 months, and each city will be assigned a tranche so they know when their campaign will launch. If milestones are not reached, the campaign duration will be extended until they are accomplished. CORA’s plan is to complete campaigns for all cities by October 2024 so they can share out final reports and outcomes during that month County-wide.

California Environmental Quality Act
The approval of signing on and contributing to the SPEAK UP campaign is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
Funding for the SPEAK UP campaign is a one-time contribution of $10,000. Since the funding request was received after the City’s Final Budget for FY 2023-2024 was adopted, a budget appropriation is required. Specifically, an amount not-to-exceed $10,000 will be appropriated to Account No. 005-0110-413-4251 (Contractual, Professional, and Specialized Services Budget) for the City’s contribution to the CORA SPEAK UP campaign in FY 2023-2024.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - SPEAK UP Campaign Briefing Sheet

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1 2
9 9
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING A ONE-TIME FUNDING CONTRIBUTION IN THE AMOUNT OF $10,000

TO THE CORA SPEAK UP CAMPAIGN, AND AUTHORIZING AN APPROPRIATION IN AN AMOUNT NOT-TO-EXCEED $10,000 TO THE COMMUNITY BENEFITS PROGRAM FUND, ACCOUNT NO. 005-0110-413-4251, TO FUND THE CONTRIBUTION

CITY OF FOSTER CITY
WHEREAS, the City of Foster City (City), through its support of the Community Overcoming Relationship Abuse (CORA) SPEAK UP program, wants to assist in providing local businesses with training and tools to identify signs of domestic violence and strategies to support their clients in a safe and helpful way; and WHEREAS, in September 2022, following the aftermath of the tragic murder of a young woman in broad daylight outside her home, CORA and the City of San Carlos launched the CORA SPEAK UP campaign, which is a pilot program to offer resources to local businesses, which can save lives; and
WHEREAS, CORA is the only agency in San Mateo County solely dedicated to helping those affected by intimate partner abuse, receiving over 12,000 requests for services each year and offering a range of programs and services; and WHEREAS, the City allocated funding in the amounts of $6,084 (for the San Mateo County Police Chiefs and Sheriff Association MOU) and $8,000 (as part of the City’s nonprofit funding process) to CORA for Fiscal Year 2023-2024, which are separate from the CORA SPEAK UP campaign; and
WHEREAS, a budget appropriation is required since the funding request from CORA was received after the City’s Final Budget for FY 2023-2024 was adopted; and WHEREAS, the City wishes to make a one-time payment to CORA to provide funding in support of the SPEAK UP campaign because it provides a valuable service to businesses in Foster City and provides an additional broader benefit to the residents of Foster City because CORA offers educational resources and programs to assist those affected by intimate partner abuse.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the one-time contribution payment of $10,000, and authorizes an appropriation in the amount not-to-exceed $10,000 to the Community Benefits Program Fund, Account No. 005-0110-413-4251, to fund the contribution.

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1 2
9 9
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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SPEAK UP CAMPAIGN – BRIEFING SHEET
In the aftermath of the murder of a young woman in broad daylight outside her home in San Carlos last September, CORA and the City of San Carlos launched SPEAK UP to save lives. The campaign educates community members through outreach to local businesses so that anyone experiencing intimate partner abuse is offered a safe path to seek help. From nail and beauty salons, to dental offices and fitness gyms, our businesses have contact with community members who may be at risk. This brief training gives employees in these businesses (large and small) quick tools to spot intimate partner abuse and to offer resources. San Carlos has supported the development and piloting of SPEAK UP. Now we want to bring the program to your city.

By Signing on to be a SPEAK UP PARTNER your City will get from CORA:
• 270 – 300 Touches (active in person outreach to your business and community partners including a swag bag of resource materials). Staff outreach personnel will have language access support and where possible will share ethnic/cultural background with community businesses. • 60 presentations (presentations are a tight 15 minutes and are offered in person or on zoom – language access provided by CORA as needed)
• Certificates to post (that show the business is a part of SPEAK UP) signed with your logo and CORA
• 2 city employee presentations (for your city staff, arranged with you) • SPEAK UP listing on CORA website (to show your city support) • Named in PSA for County-wide effort during DVAM – OCTOBER (sign on by October 25th needed) • Report provided at end of campaign about the outreach efforts (business sectors who participated and completed presentations, businesses who declined, etc). This can be a presentation at your City Council if you choose.
• Photos taken of some presentation to use as material for presentations and promotion of the efforts
Your Contribution will be:
• $10,000 per city to offer the above services. If your city has a very small business sector, we can individualize this to best meet your city needs – let us know. • For Budget purposes: this funding is to be used for personnel costs for the SPEAK UP Educator and the SPEAK UP Manager (overseeing the project), interpreting costs, swag bag and flyer materials.
• A designated SPEAK UP representative; to best adapt SPEAK UP to your community needs and someone who can offer some initial introductions as we begin your City’s campaign. • Sign on by October 25th to be listed in our DVAM PSA to be shared County-Wide.

7.1 Attachment 2 - SPEAK UP Campaign Briefing Sheet

111

Initial Info:
• We will be sharing out a portal where you can sign up your city and answer some basic questions to help us get started.
• Each SPEAK UP city Campaign will last 3 months and your city will be assigned a tranche so you know when your campaign will launch. If milestones are not reached, the campaign duration will be extended until they are accomplished. We recommend you start contracts on either November 1 or January 1 and all contracts end September 30th . The plan is that all cities will be completed by October 2024 so we can share out final reports and outcomes during that month County-wide.
• We are offering a DVAM Proclamation Template which you can individualize and use if you choose as you bring this Campaign to your City Council meetings.

FURTHER QUESTIONS:

Karen Ferguson, CEO [email protected]
Lynn Schutte, Director [email protected]

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3 3
4 DATE: October 16, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Andrew Brozyna, Public Works Director
Francine Magno, Senior Civil Engineer
Paul Nagengast, Project Advisor, Regional Government Services DEPARTMENT: Public Works
SUBJECT: LEVEE IMPROVEMENTS PROJECT (CIP 327-657) – GENERAL UPDATE – AUGUST AND SEPTEMBER 2023

RECOMMENDATION
It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Levee Improvements Project (Project). No further action is required by the City Council.

EXECUTIVE SUMMARY
Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached work sheet.

Highlights of Project progress and pictures, since the last City Council update on August 21, 2023, are included in the attached Construction Managers Report and listed below:
•Contract Change Order No. Thirty-One (CCO 31) approved by the City Council on March 6, 2023, established the Phase 3 interim milestone date as July 31, 2023.

The Contractor did not meet the Phase 3 milestone date. However, the Phase 3 portion of the trail, from the San Mateo Bridge to the northerly City limits, was opened to the public on October 6, 2023. In accordance with CCO 31, an amount of $1,500/day can be deducted from Contractor payments for delays beyond the

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3 3
4 established interim milestone date caused solely by contractor’s fault or negligence. Staff is analyzing the Phase 3 work schedule to determine the cause of delay. In addition, the Contractor did not receive early release of 15% of earned Project contract retention monies. With the Phase 3 milestone, public access has now been restored to 100% of the Bay Trail.
•The Project has achieved a major flood protection milestone: As of July 19, 2023, all of the flood protection elements for the project have been completed. This includes the completion of all the remaining floodwalls, hybrid sheet pile walls, and earthen levee segments. With this, the levee protection system has met the FEMA requirements for accreditation-the primary project goal. The engineer of record for the Project, Schaff & Wheeler Consulting Civil Engineers is preparing the required submittals to FEMA to meet the accreditation necessary for updating flood insurance rate maps (FIRM).
•The removal of the contractor’s staging area, finalizing roadway striping and markings, and energizing the streetlights completes the restoration of Beach Park Boulevard. The speed limit has been restored to 35mph.

Current Schedule Timeline
Award of Contract: July 20, 2020
Notice to Proceed: September 28, 2020
Phase 1 Bay Trail Interim Milestone Date: March 27, 2023 Phase 2 Bay Trail Interim Milestone Date: July 15, 2023 Phase 3 Bay Trail Interim Milestone Date: October 6, 2023 Project Substantial Completion: October 6, 2023 (pending certificate of substantial completion)
Project Completion: January 10, 2024

PROJECT BUDGET AND COST/EXPENSES
Final Project completion continues to be on time and within budget and expenses continue to trend as anticipated.

Summary of known costs to date:
•Total Budget/ Bond Measure/Funding Sources: Bond Measure = $90M; Bonds Issued = $90M; Additional City reserves for Project = $10M; $5M appropriated for Project. Total current appropriated Project funding = $95M. •Bid: Shimmick: $60.2M; Contract Amendment: $3.2M and $9.3M ($664K remaining) contingency for change orders.
•Payments as of 09/30/2023: Shimmick: $68.9M; Others:$19.1M; Total: $88M •Change Orders and Contract Amendment Approved as of 09/30/2023: CCO Nos. 1-36 and CA = $11.8M

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3 3
4 CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012).

FISCAL IMPACT
There is no fiscal impact associated with this update. Any fiscal impacts to the Project will be presented to the City Council as a separate agenda item with a recommended action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 - Monthly Construction Manager's Report September 2023 Attachment 2 - Expenditure Report as of September 30, 2023 Attachment 3 - Memorandum and Communications Metrics – September 2023 Dashboard Report

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MONTHLY CONSTRUCTION MANAGER’S REPORT

Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: September 1-30, 2023 CM: Tanner Pacific, Inc.

Designer: Schaaf & Wheeler

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MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
•Bayside Access Path completion from AP 4 – AP 5
•Artificial turf placement adjacent to FW 4 (near Baywinds Park) •Trail striping and pavement markings north of the SM Bridge •Landscaping and plantings north of the SM Bridge
•Handrail and guardrail installation north of the SM Bridge •Chain link fencing installation north of the SM Bridge •Clearing, grubbing, and concrete work at Gateshead Park •Signage installation north of the SM Bridge
•Pedestrian Bridge Restoration at Bayside Towers
Upcoming:
•Restoration of project staging areas (Sea Cloud Park, Bridgeview Park, & E. 3 rd Ave) •Rock slope protection placement north of the SM Bridge near AP 4 – AP 5 •Site furnishings north of the SM Bridge
•Final punch list work from ~Sta. 205+00 - 343+00 (Foster City Blvd to Southern Project Limit) •Final punch list work from ~Sta. 100+00 - 205+00 (Bridgeview Park to Foster City Blvd) •Final punch list work from ~Sta. 00 - 100+00 (San Mateo City Limit to San Mateo Bridge) •Access Point 31 (lagoon intake structure) completion and opening •O’Neil Slough Sheet Pile Removal

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MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos
Bayside Path Concrete Placement North of the SM
Bridge
Access Point No. 4 Guardrail Installation
Gateshead Park Restoration Access Point No. 6 Landscaping

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Levee Project Approved Budget: 95,000,000.00$
Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
9/30/23
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,300,000.00$ 3,193,635.92$ 72,711,635.92$ 72,711,635.92$ $68,869,815.03 $8,636,043.95 $663,956.05 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 2,886,210.81$ 9,885,087.81$ 9,885,087.81$ $8,737,162.52 $300,000.00 $0.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 1,756,745.00$ 4,356,745.00$ 4,356,745.00$ $4,183,453.05 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 461,564.00$ $446,011.29 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 187,200.00$ -$ 147,420.00$ 334,620.00$ 334,620.00$ $313,739.50 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ $93,478.75 $93,478.75 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 127,056.00$ -$ -$ 127,056.00$ $98,928.44 $98,928.44 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 133,408.80$ 70,039.62$ 203,448.42$ 203,448.42$ $116,997.37 Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$ -$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ 38,100.00$ 87,046.00$ 87,046.00$ $52,338.50 $4,000.00 $0.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31,000.00$ 249,083.00$ 249,083.00$ $48,682.00 $0.00 $31,000.00 In Progress Miscellaneous Expenses Other Miscelleneous Expenses 90,000.00$ 90,000.00$ $80,876.75 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $24,401.02 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $181,761.55 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 540,000.00 $ 540,000.00 $464,581.02 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $2,853,649.42 $2,853,649.42 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3,000.00$ 19,764.55$ $15,818.40 $15,818.40 $3,000.00 Closed *Includes former City Attorney fees 74,385,048.21$ 9,689,061.00$ 94,009,097.51$ $87,982,511.96

ONGOING AND FUTURE

CONTRACTS AND EXPENSESMISCCLOSED CONTRACTS

CITY OF FOSTER CITY
CIP 327-657 Levee Improvements Project
Budget and Cost Information

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Cityof Foster CityMEMORANDUM
DATE: Oct.5,2023
TO: MayorandMembersoftheCityCouncil
VIA: StefanChatwin,CityManager
FROM: JenniferNentwig,Principal,TripepiSmith
SUBJECT: LEVEEIMPROVEMENTSPROJECT–COMMUNICATIONSMETRICS TripepiSmithwouldliketo sharetheattachedupdatedLeveeImprovementsProjectCommunicationsDashboardReportwiththeMayorandMembersoftheCityCouncil.Inthereport,youwillseethatthemetricsnowreflectourcommunicationeffortsthroughthemonthofSeptember2023.

Asa reminder, thisreportis a summarythatourteamtypicallydevelopsattheendofeachmonth.It includesdataonwebsitetraffic,socialmediaengagement,communityforumparticipation,andthenumberandrateof projectemailandhotlinecontacts.WhileTripepiSmithhasbeeninvolvedinprojectcommunicationssinceJanuary2021,wehavepullednumbers(whereavailable)goingbackto October2020toprovideabaselineforcomparison.

I wouldliketohighlightafewitemsofnote:
● In September2023,therewerea totalof 13 inquiriesregardingtheLeveeImprovementsProject,showinga slightdecreasecomparedto thepreviousmonth's15 inquiries.Mostinquirieswererelatedto commentsregardingtherestoredtrail. ● The impressionsand engagementfor Levee-specificpostsdecreaseinSeptember2023comparedtoAugust2023.Thedipinmetricscanbeattributedto no InterimMilestoneupdatesto sharewiththepublicin September, sincethosetypesofupdateshaveperformedwelloverthepastfewmonths. ● TheCity'stop-performingleveerelatedpostwasaboutencouragingpeopletojointheLeveeBondOversightCommittee.Engagementswerehighduetopost-linkclicks.

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● Therewereno mediamentionsrelatingto theFosterCityLeveeprojectinSeptember2023.

Ourteamisactivelymonitoringthemetricstoanalyzetheeffectivenessofvarioustypesof communicationandto alignthecadenceofoureffortstothecommunity’s interestlevels.We believethattheCity’s proactivecommunicationsareprovidinginformationtobridgethegapbetweenresidents’questionsandconcernsabouttheprojectingeneral–reflectingpositivelyonoveralloutreachandengagementefforts.

InSeptember2023,thenumberofprojectinquiriescontinuedtodecreasethanthepriormonth.Inquirieshaveprogressivelysloweddownfollowingtheachievementof thePhase2 InterimMilestone.We anticipatethatinquirieswilllessenaspublicaccessisrestored.As constructioncontinues,the projectteam remainscommittedtoemphasizingsafetymessaging,discouragingtrespassing,andhighlightingtrespassingimplicationssuchasadditionalcosttotheprojectandpotentiallydeterringthetimeline.

Additionally, theprojectteamwillcontinuetokeepthecommunityinformedthroughtheregularprojectchannels,includingtheprojectwebsite,withanyprojectupdatesandmilestones.

Asyoureviewthefullreport,pleasefeelfreetoletmeknowifyouhaveanyquestions.Iwouldbehappytowalkyouthroughthereportone-on-oneifitwouldbehelpful,andwewillcontinuetorefinethemetricsovertimetobestmeettheproject’sneeds.

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Sep 2023 - Foster City Dashboard Report
September 2023

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Sep 2023 - Foster City Dashboard Report | 1 of 12
Included in this Report
@CityofFC City of Foster City, CA - Government
cityoﬀc

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Sep 2023 - Foster City Dashboard Report | 2 of 12
Cross-Network Proﬁles
Review your aggregate proﬁle and page metrics from the reporting period.

Proﬁle Reporting Period All Proﬁles All Twitter Post Types Comprehensive Overview
Reporting Period
Sep 1, 2023 – Sep 30, 2023
7,196

1.1%
78 27.8%
190

14.4%
110,041

17.9%
3,024

18.8%

2.7%

31.1%
2,622

66.9%
Compare to
Aug 1, 2023 – Aug 31, 2023
7,118 108 222 93,312 3,724 4% 7,919
@CityofFC 1,768 14 95 12,243 268 2.2% 1
City of Foster City,
CA - Government
3,068 30 93 53,433 2,610 4.9% 75
cityoﬀc 2,360 34 2 44,365 146 0.3% 2,546
Proﬁle Audience
Net
Audience
Growth
Published
Posts Impressions Engagements
Engagement
Rate (per
Impression)
Video
Views

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Sep 2023 - Foster City Dashboard Report | 3 of 12
Tagged Published Post Performance Summary
View your key aggregated tag performance metrics from the publishing period.

Tag Lifetime All Sources All Tags
Impressions
10,245 43.6%
Engagements
590 0.3%
Engagement Rate (per
Impression)

5.8% 76.6%
Post Link Clicks
154 51%
Cross-network description: This shows how the City's proﬁles (Facebook, T witter, and one Instagram post) performed overall.

Tagged posts: Levee-speciﬁc posts earned
10,245 impressions and 590 engagements
across the City's Facebook, T witter and Instagram accounts. Overall impressions and engagements decreased over the past month due to fewer posts and no major milestone achievements, which have historically performed well.

The highest-performing levee-speciﬁc post was about encouraging sign-ups for community members to join the Levee Bond Oversight Committee. Engagements on this post were high due to the number of post-link clicks.

Total number of newsletter subscribers: 1,339
Analytics by Platform

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Facebook Impressions
Review how your content was seen by the Facebook community during the reporting period.

Proﬁle Reporting Period City of Foster City, CA - Government Facebook Audience
The total number of Facebook followers in August 2023 was 2,951. This was an increase of 13 followers from the previous month.

This report and future reports collect Facebook page followers directly from Facebook.

Organic and Paid Impressions, by Day
Impression Metrics Organic Paid T otals % Change
Impressions 37,325 16.3% 15,569 2.4% 53,433 12.6%
1 SEP
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0 1,000
2,000
3,000
4,000
5,000
Impressions

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Facebook Engagement
See how people are engaging with your posts during the reporting period.

Proﬁle Reporting Period City of Foster City, CA - Government Organic and Paid Reactions, Comments, Shares, Post Link Clicks, Other Post Clicks, by Day Engagement Metrics T otals % Change
Total Engagements 2,610 11.7%
Reactions 294 17.6%
Comments 31 52.3%
Shares 60 3.2%
Post Link Clicks 713 22.7%
Other Post Clicks 1,512 20%
1 SEP
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0 50
100
150
200
250
Engagements
Notes on Facebook Performance

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Twitter Audience Growth
See how your audience grew during the reporting period.

Proﬁle Reporting Period @CityofFC All Twitter Post Types The City's Facebook proﬁle earned 53,433 impressions and 2,610 engagements in September 2023, a decrease in both impressions and engagements from August 2023. This represents the total number of impressions and engagements for all City's posts, including levee-related content.

Followers, by Day
Audience Metrics T otals % Change
Followers 1,768

0.8%

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Twitter Impressions
Review how your content was seen by the T witter community during the reporting period.

Proﬁle Reporting Period @CityofFC All Twitter Post Types Impressions, by Day
Impression Metrics T otals % Change
Impressions 12,243

21.8%
1 SEP
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0 200
400
600
800
1,000
Impressions

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Twitter Engagement
See how people are engaging with your posts during the reporting period.

Proﬁle Reporting Period @CityofFC All Twitter Post Types Engagements, by Day
Engagement Metrics T otals % Change
Total Engagements 268 27.8%
Likes 20 4.8%
@Replies 6 33.3%
Retweets 1 66.7%
Post Link Clicks 98 38.4%
Other Post Clicks 143 20.1%
Other Engagements 0 0%
1 SEP
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0 5
10 15
20 25
30 35
Engagements
Notes on Twitter Performance

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T witter received 12,259 impressions and 268 engagements in September 2023, an overall decrease in both. This represents the total number of impressions and engagements for all of the City's posts, including levee-related content.

The highest-performing levee-speciﬁc post encouraged sign-ups for community members to join the Levee Bond Oversight Committee.

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Tagged Top Posts
View the top tagged published posts from the publishing period.

Tag Lifetime All Sources All Tags
Descending by Lifetime Engagements
City of Foster …
Mon 9/18/2023 3:30 pm …
Total Engagements 364
Reactions 6
Comments 0
Shares 1
Post Link Clicks 107
Other Post Clicks 250
City of Foster …
Fri 9/29/2023 1:58 pm PDT
Total Engagements 100
Reactions 6
Comments 3
Shares 0
Post Link Clicks 12
Other Post Clicks 79
City of Foster …
Thu 9/14/2023 12:01 p…
Total Engagements 49
Reactions 2
Comments 1
Shares 2
Post Link Clicks 8
Other Post Clicks 36
Foster City is recruiting to ﬁll
three vacancies on the Parks
and Recreation Committee!…
#Attention Foster City Levee Tr
users. The ramp at Bridgeview
is back open for use! For more…
#Attention Foster City Levee Tr
users! The ramp at Bridgeview
will be under construction next
Parks and Recreation …
Project Tours/Speaking Events

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T otal: 0
Description: No project tours or speaking events took place in September.

Project Inquiries
T otal number of inquiries: 13
Average inquiries/day: .43
Website Visitors
T otal number of visitors this month: 1,458
Average visits per day: 48.6
Average visit length (minutes): 1:01s
Media Mentions
There were no Levee-related media mentions in September 2023.

Glossary
- Total Impressions: The number of times that any content associated with your page was displayed to a user during the reporting period. This includes both organic and paid activity.
- Facebook Total Engagements: The total number of reactions, comments, shares, post link clicks, other post clicks, and page actions. This includes both organic and paid activity.

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- Facebook Other Post Clicks: The number of times that users clicked anywhere in your posts without opening a web link, reacting to, commenting on, or sharing your post during the reporting period. This includes clicks to play a video and view a photo. This includes both organic and paid activity.
- Page Actions: The number of times that users clicked on your page’s links or action button during the reporting period.
- Facebook Engagement Rate (per Impression): Reactions, comments, shares, post link clicks, other post clicks, and page actions as a percentage of proﬁle impressions. This indicates how engaged people are with your brand.
- Instagram Impressions: The number of times all of your posts and stories were displayed to a user during the reporting period. This does not include proﬁle visitors. This includes both organic and paid activity.
- Instagram Total Engagements: The total number of likes, comments, saves, story replies, and proﬁle actions. This includes organic activity only. In compliance with the European Union’s ePrivacy Directive, Sprout’s Instagram Story Reply metrics will no longer include activity from users in the EEA and it may impact this metric. - Proﬁle Actions: The total number of times users clicked on the links within your proﬁle to contact you, get directions to your location, or visit your website. - Instagram Engagement Rate (per Impression): Likes, comments, saves, story replies, and proﬁle actions as a percentage of proﬁle impressions. This indicates how engaged people are with your brand.
- Twitter Impressions: The number of times that all of your posts were displayed to a user during the reporting period. This includes impressions when your posts are retweeted by other users. This includes organic activity only.
- Twitter Total Engagements: The total number of likes, @replies, retweets, post link clicks, other post clicks, and other engagements. This includes both organic and paid activity.
- Twitter Other Post Clicks: The number of times that users clicked on the content in your posts, excluding the link, during the reporting period. This includes clicks on the media, hashtags, detail expand, and user proﬁle from your posts. This includes organic activity only.
- Twitter Other Engagements: The number of times during the reporting period that users engaged with your posts in other ways. This includes such engagements as poll votes, app install attempts, app opens, and follows from your posts. This includes organic activity only.
- Twitter Engagement Rate (per Impression): Likes, @replies, retweets, post link clicks, other post clicks, and other engagements as a percentage of proﬁle impressions.

This indicates how engaged people are with your brand.

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DATE: October 16, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
Edmund Suen, Finance Director
Sofia Mangalam, Community Development Director
DEPARTMENT: City Manager
Finance
Community Development
SUBJECT: PRELIMINARY REPORT ON POTENTIAL BUSINESS LICENSE TAX ORDINANCE AMENDMENT AND NOVEMBER 2024

GENERAL ELECTION BALLOT MEASURE

RECOMMENDATION
It is recommended that the City Council review and discuss a preliminary report regarding amending the City of Foster City's Business License Tax (BLT) Ordinance and by Minute Order, provide direction to staff regarding the following: (1) Reissuance of the Request for Proposals (RFP) for BLT consulting services if responses received exceed the City Manager purchasing policy authority of $50,000; (2) Whether to consider placing a BLT ballot measure on the November 2024 General Election.

EXECUTIVE SUMMARY
Earlier this year, the City Council adopted its key priorities and initiatives for the calendar year 2023 (link). Anticipating the fiscal challenges that are ahead of us, the City Council adopted Goal 3.1 “Identify new revenue sources and strengthen existing resources to ensure Foster City finances are more resilient to economic fluctuations and support city services.” Under this goal, two (2) measures/initiatives were identified including:

8.2 8.2 Staff Report

135

•Initiate and engage in ongoing dialogue with City businesses to build strong relationships and assess their needs and understand their perspectives on a BLT ballot measure.
•Research BLT methodologies and consider feasibility of various methodologies (e.g., gross receipts, square footage, employee count) with presentation to Council in January 2024.

At the October 16 meeting, staff would like to provide a preliminary report on the approach to amending the BLT Ordinance, and steps leading up to adding a ballot measure on the November 2024 General Election.

BACKGROUND
The City of Foster City requires all businesses operating within the city to obtain a business license and pay business license taxes. This revenue is locally controlled and funds essential services. BLT is a common and important revenue source for many cities.

BLT is an annual tax charged to anyone doing business in a city.

There are several types of BLT methodologies based on either: gross receipt, a flat tax, employee count, payroll tax, square footage, etc. A BLT based on gross receipts is structured to impose taxes on all sales made by a company, regardless of the income source. Gross receipts taxes are levied on the seller of goods or services rather than on consumers. This is one of the most common methods of business taxation in California.

As a widely used methodology, there are many established guidelines for what constitutes gross receipts and how to administer the tax. In addition, with a uniform tax rate on gross receipts for all businesses, generally also subject to a minimum registration tax, this approach is also a relatively simple tax structure that allows for adaptability.

CITY'S CURRENT BUSINESS LICENSE TAX STRUCTURE
The City of Foster City's BLT Ordinance was enacted in 1972, shortly after the City's incorporation. Since that time, the BLT Ordinance has only been updated once in 2013 (Attachment 1). Foster City Municipal Code Title 5 “Business Licenses and Regulation” Chapters 5.04 to 5.40 outlines the provisions of the City's BLT. The model which the City follows is based on the aforementioned gross receipts model with a single tax rate. This model has growth potential, yet is also equitable to businesses during economic downturns; which also means there may be significant revenue volatility during periods of expansion and contraction (gross receipts are self-reported by each business).

The City has approximately 1,700 Business License Tax licensees. Per its adopted 2023- 24 Budget (link), the current tax rate is 0.075% with a gross receipts cap of $38,129,333 for a maximum tax of $28,597 for the calendar year 2023. There are approximately 24 businesses with gross receipts that exceed the cap. The gross receipts cap is adjusted annually based on inflation. FY 2022-23 revenues were $1.73 million and slightly below

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the FY 2018-19 level of $1.76 million. Fiscal Years 2020-21 and 2021-22 revenues were $1,506,696 and $1,583,789 respectively.

CITY’S FINANCIAL OUTLOOK
On June 20, 2023, the City Council adopted the FY 2023-24 Budget. The FY 2023-24 Budget and 5-Year Financial Plan reflect ongoing General Fund structural deficits as budgeted annual expenditures, including transfers out to the City’s CIP Fund exceed estimated annual revenues. Based on the Financial Plan, the current and next fiscal years’ anticipated deficits are $6.32 million and $6.78 million respectively.

In response to this fiscal challenge, City staff have been tasked with finding new revenue sources to resolve the anticipated General Fund structural deficits forecasted for the next five (5) years. While the City anticipates continued volatility in its various revenue streams, it is also committed to maintaining existing service levels and prudent General Fund reserve levels to protect the City's long-term fiscal sustainability.

As noted earlier, the City has a BLT that includes a gross receipts component consisting of a gross receipts rate of 0.075% with a gross receipts cap of $38,129,333 for a maximum tax of $28,597 for the calendar year 2023. FY 2022-23 BLT revenues were $1.73 million and slightly below the FY 2018-19 level of $1.76 million. To protect Foster City’s fiscal stability and maintain essential services, the City is exploring the possibility of increasing the gross receipts cap and/or a combination of BLT methodologies. The objective would be to propose a business tax structure that is fair, progressive and business-friendly while generating additional revenue for the City to continue to provide vital and high-quality services to the community. Based on City Council direction and following stakeholder engagement, the proposed BLT ballot measure will be placed in the November 2024 General Election.

ANALYSIS
In order to adequately inform the City Council and the business community, a comprehensive report on the City’s current BLT ordinance, other license tax fee structures, and notably, impact of proposed changes to BLT on the City’s revenue and business community is critical. Given the complexity of the BLT structure, staff would like to seek the expertise of a consultant to prepare an informational report on BLT.

During our informal discussion with two (2) consulting firms regarding the BLT ballot measure, it was noted that the scope of services would be under $50,000. The City has a purchasing policy under which if the contract amount is between $10,000- $50,000, the City Manager can authorize the issuance of an RFP and is authorized to approve contracts under $50,000.

On September 19, 2023, staff issued an RFP for BLT consulting services with an initial due date for proposals/response by October 9, 2023 (see Attachment 2). The RFP was advertised in following ways:

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1. Sent to consulting firms via email

2. Posted on City’s RFP webpage

3. Shared via LinkedIn
Staff received only one (1) response to the RFP by the initial deadline. Due to inadequate response, staff has extended the timeline by an additional two (2) weeks (October 23, 2023). If RFP responses received are greater than $50,000 threshold of the City Manager’s approving authority, per the purchasing policy, staff will re-issue the RFP as directed by the City Council at this meeting (see Attachment 2).

The main scope of services is to prepare an informational report that compares Foster City’s business license tax with other local jurisdictions, provide an analysis of comparable cities’ business license tax structures and alternative fee structures, formula, its impact on existing businesses and the City’s revenues. Staff is anticipating that the study will be done in time to present a report to the City Council by January 2024. Below is an outline of anticipated next steps:
•Work with the consultant to prepare an informational report for the City Council’s review and seek direction on the preferred methodology to amend the BLT Ordinance.
•Stakeholder Outreach and engagement: This will be a multi-faceted outreach, including:
oEngaging a consultant to conduct a focused stakeholder outreach leading up to the November 2024 ballot. The consultant would be tasked with various aspects of the stakeholder outreach including but not limited to:
▪A dedicated webpage with information regarding the current business license tax program, background on modernizing the tax, discussions to date, the options being considered, and the timeline for a ballot measure.
▪A unique email address for public comment.
▪A direct, targeted outreach to the approximately 24 businesses that would potentially be impacted by such changes to the BLT Ordinance.
▪Community workshop(s) for local businesses and residential community to inform them of the proposed amendments to the BLT Ordinance.
▪A survey for our local businesses.
•Preparation for Ballot Measure: BLT is considered a general tax that would require a 2/3rd majority vote of the City Council (4 out of 5 Councilmembers) to be placed on the ballot and a simple majority vote (50% + 1) of the voters to pass. By law, a general tax may only be placed on the ballot when there is a City Council election, except in cases of emergency declared by a unanimous vote of the City Council.

California Constitution Article XIII C Section 2(b) governs this requirement, which restricts the placement of such a measure during such election years.

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The following timeline outlines steps that would need to be taken for the inclusion of a ballot measure:
oCalling for Consolidation of Election
A separate resolution is necessary to call for the election and place the measure on the ballot for the November 2024 General Election. The City Council must adopt the resolution and submit it to the County of San Mateo Board of Supervisors and Assessor-County Clerk-Recorder Elections' Office by August 2024. The resolution would call for an election on the proposed measure and request its consolidation with the November 2024 General Election. The draft resolution will contain the wording of the measure as it will appear on the ballot.
oSubmission of Ballot Arguments
Arguments for or against the measure must be submitted by August 2024 to the City Clerk Department. Arguments may not exceed three hundred (300) words and cannot be signed by more than five (5) persons. The deadline for submission of rebuttals to the City Clerk Department is August 2024. Rebuttals may be authored by the original signers of the argument or anyone they designate on the Signature Release Form. The new signer does not have to be a registered voter or live in the City.

Rebuttals are limited to 250 words.
oPreparation of Argument in Support of Measure
Under Elections Code Section 9282, a ballot argument for a City Council sponsored measure may be submitted by the City Council, or a member or members of the Council authorized by the City Council, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations. The argument may not exceed three hundred (300) words.
oImpartial Analysis
Under Elections Code Section 9280, the City Attorney will prepare an impartial analysis of each measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit the impartial analysis to the City Clerk Department by August 2024.

TIMELINE AND ELECTION REQUIREMENTS
Formal City Council action would be needed to place a ballot measure on the November 2024 General Election. The County of San Mateo's deadline for submitting a ballot measure is August 2024. The following timeline outlines steps that would need to be taken for the inclusion of a ballot measure:

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MONTH ACTION
Jan 2024 Informational Report to the City Council and Policy Direction on BLT Ordinance Amendment.

Feb-April 2024 Amendments to the BLT Ordinance based on the policy direction
Feb-August 2024 Stakeholder outreach
May/June 2024 Introduction of BLT Ordinance Amendment and Resolution to Authorize Ratification on November
2024 General Election (listed actions above
“Inclusion of a ballot measure”)
August 9, 2024 Submission Deadline to County Elections Office November 5, 2024 General Election
December 2024 Certification of Election Results
January 1, 2025 Effective Date (If Passed)
If directed, staff will prepare the BLT ordinance amendment and bring a Resolution to the City Council in May/June 2024 seeking authorization to place a BLT ballot measure on the November 2024 General Election.

NEXT STEPS
Staff will select a qualified consultant to work on an informational report that would compare Foster City’s BLT with other local jurisdictions, include an analysis of comparable cities’ business license tax structures and alternative fee structures, formula, its impact on existing businesses and the City’s revenues. Upon completion of the report for BLT ordinance amendments, staff will present the report to the City Council in January 2024 to seek direction on the preferred methodology to amend the BLT Ordinance. Staff will then work with the consultant on the proposed amendments to the BLT Ordinance and introduce the ordinance to the City Council in May/June 2024. Parallel to this, staff will issue another RFP to engage a consultant to conduct a focused stakeholder outreach leading up to the November 2024 ballot.

CEQA
Not applicable

FISCAL IMPACT
The exact agreement amount for the consulting services, including BLT amendments and stakeholder outreach is unknown at this time. However, there are funds available in the Economic Development Division budget due to savings from the vacant Economic Development Manager position. Those savings will be used to fund the consulting services; therefore, no additional appropriation is required.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy

ATTACHMENTS
Attachment 1 – Current BLT Ordinance
Attachment 2 – RFP

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ORDINANCE NO. 572
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 5,

BUSINESS LICENSES AND REGULATIONS, OF THE FOSTER CITY MUNICIPAL

CODE TO UPDATE THE CITY'S BUSINESS LICENSE TAX

CITY OF FOSTER CITY
(November 5, 2013 Ballot Measure)
IT IS SO ORDAINED by the City Council of the City of Foster City as follows:

Section 1. Code Amendment. Chapters 5.04, 5.08, 5.12, 5.16, 5.20, 5.24.

5.28, 5.32, 5.36, 5.40 of the Foster City Municipal Code are hereby amended to read as set forth in Exhibit A to this Ordinance.

Section 2. General Tax. The taxes imposed pursuant to Section 1 of this Ordinance are general taxes imposed for revenue purposes, shall be deposited in the City's general fund and may be expended for any lawful purpose of the City.

Section 3. Further Amendments. The provisions of this Ordinance may be repealed or amended by the City Council without a vote of the people except as follows:
as required by Article XIII C of the State Constitution, any action that increases the rate or amount of a tax imposed by this Ordinance above the levels authorized by this Ordinance may not take effect unless approved by a vote of the people.

Section 4. Authorization for City Clerk to Delete Obsolete Provisions. The City Clerk is hereby authorized to conduct an annual review of Article 1 of Title 5 of the Foster City Municipal Code and delete provisions that have become inapplicable due to the passage of time.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The People hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 6. Construction. To the extent the provisions of Article 1 of Title 5 of the Foster City Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Article read prior to the adoption of this Ordinance, they shall be construed as continuations of the earlier provisions and not as new enactments.

Section 7. Approval General Municipal Election; Effective Date. The effective date for the purposes of updating the City's Business License Tax shall take effect on January 1,2014.

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PAM FRISELLA, MAYOR
City Ordinance No. 572
Section 8. Execution. The Mayor is hereby authorized to subscribe this ordinance where indicated below to evidence its adoption by the voters of the City and upon that subscription, the City Clerk shall certify to the passage and adoption of this ordinance, enter it into the book of original ordinances, and shall cause the same within fifteen (15) days after its adoption, to be posted in three (3) public places designated by the City Council according to law.

This Ordinance was introduced and read on the 17 th day of June, 2013, and passed and adopted on the 15 th day of July, 2013, by the following vote:

AYES: Councilmembers Bronitsky, Kiesel, Okamoto, Perez and Mayor Frisella NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:

DORIS L. PALMER, CITY CLERK

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City Ordinance No. 572
HISTORY: This ordinance was approved by the voters of the City of Foster City at the General Municipal Election of November 5, 2013 by the following vote:

AYES: 3,077
NOES: 1,126
This ordinance became effective on December 12, 2013 (10 days after certification of the election results) pursuant to City Resolution No. 2013-101.

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Chapter 5.04

GENERAL PROVISIONS
Sections:

5.04.010 Revenue measure.

5.04.020 Article not exclusive.

5.04.030 License and tax requirements.

5.04.040 License—Separate for branch establishments or multiple legal entities.

5.04.050 Evidence of doing business.

5.04.060 Constitutional apportionment.

5.04.070 Exemptions.

5.04.080 Effect of article on past actions and unexpired licenses.

5.04.010 Revenue measure.

This article is enacted solely to raise revenue for municipal purposes and is not intended for regulation. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-102)

5.04.020 Article not exclusive.

Persons required to pay a license tax for transacting and carrying on any business under this article shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance or provision of this code, and shall remain subject to the regulatory provisions of other ordinances and code provisions. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-103)

5.04.030 License and tax requirements.

A. There are imposed upon the businesses, trades, professions, callings and occupations specified in this article license taxes in the amounts hereinafter prescribed. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first procuring a license from the city so to do and paying the tax hereinafter prescribed or without complying with any and all applicable provisions of this article.

B. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Persons not so required to obtain a license prior to doing business within the city nevertheless shall be liable for payment of the tax imposed by this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-104)

5.04.040 License—Separate for branch establishments or multiple legal entities.

A separate license must be obtained for each legal entity, branch establishment or location of the business transacted and carried on and for each separate type of business at the same location.

Each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license. Warehouses and distributing

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plants used in connection with and incidental to a business licensed under the provisions of this article shall not be deemed separate places of business or branch establishments. Any person conducting multiple businesses, but for which those businesses use a single set or integrated set of books and records, shall pay only one tax calculated on all gross receipts of the businesses. The number of separate legal entities conducting business in the same location but using separate sets for books and records for which business license taxes must be paid is limited as specified in Section 5.24.020. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-105)

5.04.050 Evidence of doing business.

When any person, by use of signs, circulars, cards, telephone books or newspapers, advertises, holds out or represents that he is conducting business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he is conducting business in the city, and such person fails to deny by a sworn statement given to the collector that he is not conducting a business in the city, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he is conducting a business in the city. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-106)

5.04.060 Constitutional apportionment.

A. No Undue Burden. None of the license taxes provided for by this article shall be so applied as to occasion an undue burden upon interstate commerce or to violate the equal protection and due process clauses of the Constitutions of the United States and the state of California.

B. Apportionment Appeal Rights. In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or to violate constitutional nexus requirements or other applicable law, the licensee or applicant may apply to the collector for an adjustment of the tax. Such application may be made before, at or within six months after payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show the method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary to determine the extent, if any, of such undue burden or violation. The collector shall then conduct an investigation, and, upon the written approval of the city attorney, shall fix as the license tax for the applicant an amount that is reasonable and nondiscriminatory, or, if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will ensure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this article. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant’s business in the city or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of license tax therefor; provided, that no additional license tax during any one calendar year shall be required

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after the licensee has paid an amount equal to the annual license tax as prescribed in this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-107)

5.04.070 Exemptions.

A. Exemptions as Matter of Law. Nothing in this article shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state of California from the payment of such taxes as are prescribed in this article.

B. Charitable (Nonprofit) Organizations. No business license tax imposed under this article shall be deemed or construed to apply to any person transacting and carrying on any business, which business is conducted, managed or carried on wholly as an organization exempt from federal income taxes as defined under Section 501(c) of the United States Internal Revenue Code.

C. Farmers Markets. Nothing in this article shall be deemed or construed to apply to any person transacting and carrying on any business, which business is conducted, managed or carried on exclusively in participation with a farmers market approved by the city, whether held on public or private property.

D. Claiming an Exemption. Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this article. Businesses claiming an exemption under subsection B of this section shall be required to provide a copy of the Internal Revenue Service determination letter or similar document that certifies the exempt status granted under Section 501(c) of the Internal Revenue Code.

E. Non-Fee License Issuance. The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the city of the business license tax required by this article.

F. Revocation of Exemption. The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided in this section. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-108)

5.04.080 Effect of article on past actions and unexpired licenses.

A. Neither the adoption of the ordinance codified in this article nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date of the ordinance codified herein, nor be construed to waive any tax or license requirement or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by

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any ordinance to be posted, filed or deposited, and all rights and obligations pertaining thereto shall continue in full force and effect.

B. Where a license for revenue purposes has been issued to any person by the city and the tax paid for the business for which the license has been issued under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for the business by this article shall not be payable until the expiration of the term of such unexpired license. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-131) Chapter 5.08

DEFINITIONS
Sections:

5.08.010 Business.

5.08.020 City.

5.08.030 Collector.

5.08.040 General contractor.

5.08.050 Gross receipts.

5.08.060 Person.

5.08.070 Sale.

5.08.075 Same location.

5.08.080 Solicitor.

5.08.090 Specialty contractor.

5.08.100 Sworn statement.

5.08.010 Business.

As used in this article, “business” includes professions, trades and occupations and all and every kind of calling whether or not carried on for profit. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(c))

5.08.020 City.

As used in this article, “city” means the city of Foster City, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4- 101(b))

5.08.030 Collector.

As used in this article, “collector” means the city officer charged with administration of this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(g))

5.08.040 General contractor.

As used in this article, “general contractor” means (A) a general engineering contractor, or (B) a general building contractor, as those terms are defined in Sections 7056 and 7057, respectively, of

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the Business and Professions Code of the state as they now exist or may hereafter be amended. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(h))

5.08.050 Gross receipts.

As used in this article, “gross receipts” includes the total actually received or receivable from sales of goods, materials, wares or merchandise, and the total actually received or receivable for the performance of any act or service, of whatever nature, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in “gross receipts” shall be all receipts, cash, credits, investment income, rental income, and proceeds from the sale of property of any kind or nature, without any deduction on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. The following are excluded from “gross receipts”:

A. Cash discounts allowed and taken on sales;
B. Credit allowed on property accepted as part of a purchase price and which property may later be sold;
C. Any tax required by law to be and is included in or added to the purchase price and collected from the consumer or purchaser;
D. Such part of the sale price of property returned by purchasers upon rescission of a contract of sale as is refunded either in cash or by credit;
E. Amounts collected for others as an agent or trustee to the extent such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them; F. That portion of the receipts of a business related to sales of goods or services to the city of Foster City;
G. That portion of the receipts of a general contractor which represents payments to subcontractors; provided, that such subcontractors are licensed under this article and provided the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each;
H. Receipts of refundable deposits, except that refundable deposits forfeited and taken into income shall not be excluded;
I. As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(d))

5.08.060 Person.

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As used in this article, “person” includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business or common law trusts, societies and individuals transacting and carrying on any business in the city, other than as an employee. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(a))

5.08.070 Sale.

As used in this article, “sale” includes the transfer, in any manner or by any means, of title to property for consideration; the serving, supplying or furnishing for consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price. The foregoing definitions shall not exclude any transaction which is or which, in effect, results in a sale within the contemplation of law. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(e))

5.08.075 Same location.

As used in this article, “same location” means the same physical address as recognized by the United States Postal Office, property parcel as recognized by the San Mateo County assessor’s office, or development area as evidenced by a development agreement with the city then currently in effect. (Ord. 572 § 1 Exh. A (part), 2013)

5.08.080 Solicitor.

As used in this article, “solicitor” means one who engages in the business of going from house to house, place to place or in or along the streets within the city, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(j))

5.08.090 Specialty contractor.

As used in this article, a “specialty contractor” is as defined in Section 7058 of the Business and Professions Code of the state as it now exists or may hereafter be amended. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(i))

5.08.100 Sworn statement.

As used in this article, “sworn statement” means an affidavit sworn before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-101(f)) Chapter 5.12

LICENSES
Sections:

5.12.010 Application—Issuance—Contents.

5.12.030 Application—First license—Contents.

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5.12.040 Gross receipts estimate.

5.12.050 Sworn statement and tax payment prerequisite to renewal.

5.12.060 Renewal license.

5.12.070 License transferability.

5.12.080 Duplicate license.

5.12.090 Posting and keeping licenses.

Prior ordinance history: Prior code § 4-109.020.

5.12.010 Application—Issuance—Contents.

Every person required to have a license under the provisions of this article shall apply to the collector for a license as prescribed below. Upon payment of the prescribed license tax, the collector shall issue that person a license which shall contain the following information:

A. The name of the person to whom the license is issued; B. The business licensed;
C. The place where such business is to be carried on; D. The expiration date of such license; and
E. Such other information as may be necessary for the enforcement of this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-109.010)

5.12.030 Application—First license—Contents.

Upon application for the first license under this article or for a newly established business, the applicant shall furnish a sworn statement, upon a form provided by the collector, setting forth the following information:

A. The exact nature or kind of business for which a license is requested; B. The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same; C. If application is made for a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning the business; D. In the event an application is for issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof; E. If the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information the collector determines necessary to determine the amount of the license tax to be paid;

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F. Any further information which the collector may require to enforce this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-110.010)

5.12.040 Gross receipts estimate.

If the amount of the license tax to be paid by a person applying for the first license under this article or for a newly established business is measured by gross receipts, the applicant shall estimate the gross receipts for the period to be covered by the license. Such estimate, if the collector accepts it as reasonable, shall be used in determining the amount of license tax to be paid; provided, however, the amount so determined shall be tentative only and such person shall, within thirty days after the expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid as provided by this article for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment due the amount paid when the first license was issued. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-110.020)

5.12.050 Sworn statement and tax payment prerequisite to renewal.

The collector shall not renew a license to any person or issue him or her another license for the same or any other business until such person has furnished the sworn statement and paid the license tax required by this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-110.030)

5.12.060 Renewal license.

An applicant for renewal of a license shall submit to the collector, for guidance in ascertaining the license tax to be paid, a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant’s business during the preceding year as may be required by the collector to ascertain the license tax to be paid pursuant to this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-111)

5.12.070 License transferability.

No license issued pursuant to this article shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and payment of the fee established under the city’s master fees and charges schedule in effect at the time of filing, have the license amended to authorize the transacting and carrying on of such business under the license at some other location; provided further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships or other persons holding an interest in a legal entity are regarded as having the real or ultimate ownership of such entity. (Ord. 572 § 1 Exh. A (part), 2013:

Ord. 45 § 1 (part), 1972: prior code § 4-117)

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5.12.080 Duplicate license.

The collector may issue a duplicate license to replace any license that has been lost or destroyed upon the licensee filing a statement of such fact and paying a duplicate license fee established under the City’s master fees and charges schedule in effect at the time of filing. (Ord. 572 § 1 Exh.

A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-118)

5.12.090 Posting and keeping licenses.

A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.

B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his or her person when transacting and carrying on the business for which it is issued. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-119)
Chapter 5.16

STATEMENTS AND RECORDS
Sections:

5.16.010 Statement—Limitations—Verification.

5.16.020 Records—Requirements.

5.16.030 Information confidential.

5.16.040 Failure to file statement or corrected statement.

5.16.050 Additional power of collector.

5.16.010 Statement—Limitations—Verification.

No statement shall be conclusive as to the matters set forth therein, nor shall its filing preclude the city from collecting by appropriate action such sum as is actually due and payable under this article. Such statement shall be subject to audit and verification by the collector, his or her deputies, authorized employees or agents of the city, who are authorized to examine, audit and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the license fee due. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-112.010)

5.16.020 Records—Requirements.

All persons subject to this article shall keep complete records of business transactions, including sales, receipts, purchases and other expenditures, and shall retain all such records for examination by the collector for at least three years. Alternatively, persons may maintain copies of their annual federal income tax returns in lieu of maintaining the aforementioned records. No such person shall refuse to allow authorized representatives of the collector to examine the records at reasonable times and places. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4- 112.020)

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5.16.030 Information confidential.

It is unlawful for the collector or any employee or agent of the city to make known in any manner whatsoever the business affairs, operations or information obtained by an investigation of records and equipment of any person required to obtain a license or to pay a license tax, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof, to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:

A. The disclosure to, or the examination of records and equipment by, another city official, employee or agent for collection of taxes for the sole purpose of administering or enforcing this article or collecting taxes imposed under it;
B. The disclosure of information to, or the examination of records by, federal or state officials, or the tax officials of another public agency, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;
C. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability to the city of those taxpayers; D. The disclosure, after the filing of a written request to that effect, to the taxpayer, or to the taxpayer’s successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the city attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this subsection when in his or her opinion the public interest would suffer thereby;
E. The disclosure of the names and business addresses of persons to whom licenses have been issued, and the general type or nature of their business; F. The disclosure by way of public meeting or otherwise of such information as may be necessary to permit the decision maker to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the city for license taxes, or when acting upon any other matter; G. The disclosure of general statistics regarding taxes collected or business done in the city; H. Any other disclosure required by applicable law. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-113)

5.16.040 Failure to file statement or corrected statement.

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A. If any person fails to timely file any required statement, or if after demand therefor made by the collector any person fails to timely file a corrected statement, or if any person subject to the tax imposed by this article fails to apply for a license, the collector may determine the amount of license tax due using such information as is available to the collector.

B. If the collector is not satisfied with information supplied in statements or applications filed, he or she may determine any license tax due using such information as is available to the collector.

C. If the collector makes such a determination, he or she shall give a notice of the amount assessed by serving it personally or by depositing it with the United States Postal Service or any other carrier or delivery service offering prompt delivery, addressed to the person so assessed at his or her last-known address. Such person may, within fifteen days after the mailing or serving of such notice, apply in writing to the collector for a hearing. If such application is made, the collector shall set the matter for hearing within fifteen days. The collector shall give at least ten days’ notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The city manager or a hearing officer designated by the city manager shall consider all evidence produced and shall make findings thereon, which shall be final as to the city, but subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-114)

5.16.050 Additional power of collector.

In addition to all other power conferred upon him, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for up to thirty days, and in such case to waive any penalty that would otherwise have accrued, except that six percent simple interest shall be added to any tax determined to be payable. (Ord. 572 § 1 Exh.

A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-116) Chapter 5.20
LICENSE TAX PAYMENT—PENALTIES—REFUNDS
Sections:

5.20.010 How and when payable.

5.20.020 Delinquency—Penalty.

5.20.030 Delinquency issuance prohibited.

5.20.040 Delinquency—Installment payment agreement.

5.20.050 Refunds of overpayments.

5.20.010 How and when payable.

A. Unless otherwise specifically provided in this article, all annual license taxes shall be due and payable in advance on the first day of January of each year based on gross receipts during the prior calendar year ending December 31; provided, that license taxes covering new operations

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commenced thereafter may be prorated for the balance of the license period based upon an estimate of the anticipated gross receipts for that year.

B. Except as otherwise herein provided, license taxes, other than annual, required under this article shall be due and payable as follows: Flat-rate license taxes are payable in advance of the first day of business and thereafter on the first day of any applicable period. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-120)

5.20.020 Delinquency—Penalty.

For failure to pay a license tax when due, the collector shall add a penalty of ten percent of the license tax at five p.m. on the sixtieth day after the due date thereof, and an additional ten percent at five p.m. on the last day of each month thereafter. The amount of such cumulative penalty to be added shall in no event exceed one hundred percent of the license tax due. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-121.010)

5.20.030 Delinquency issuance prohibited.

No license shall be issued, nor one which has been suspended or revoked shall be reinstated or reissued, to any person who, at the time of applying therefor, is indebted to the city for any delinquent license taxes, unless such person, with the consent of the collector, enters into a written agreement with the city, through the collector, to pay such delinquent taxes, plus ten percent annual interest upon the unpaid balance, in monthly installments, or more often, extending over a period of up to a year. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1974: prior code § 4- 121.020)

5.20.040 Delinquency—Installment payment agreement.

In any agreement entered into under Section 5.20.030, the licensee shall acknowledge the obligation owed to the city and agree that, in the event of failure to timely pay any installment, the whole amount unpaid shall become immediately due and payable and that the current license shall be revocable by the collector upon thirty days’ notice. In the event legal action is brought by the city to collect any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including a reasonable attorney’s fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided in this article, but no penalties shall accrue on account of taxes included in the agreement after the execution of the agreement and the payment of the first installment and during such time as such person is not in breach of the agreement. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-121.030)

5.20.050 Refunds of overpayments.

No refund of an overpayment of taxes imposed by this article shall be allowed in whole or in part unless a claim for refund is filed with the collector within a period of one year from the last day of the calendar month following the period for which the overpayment was made, and all such claims for refund of the amount of the overpayment must be filed with the collector on forms furnished by

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him or her and in the manner prescribed by him or her. Upon the filing of such a claim and a determination that an overpayment has been made, the collector may refund the amount overpaid. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-122) Chapter 5.24

GROSS RECEIPTS TAX
Sections:

5.24.010 Rates.

5.24.020 Tax limit on number of multiple corporate entities.

Prior ordinance history: Prior code §§ 4-123.020 and 4-123.030.

5.24.010 Rates.

Every person who engages in business at a fixed place of business within the city shall pay a license tax of seventy-five cents per one thousand dollars (or 0.075 percent) of gross receipts or part thereof subject to the following:

A. Minimum Tax. The minimum tax shall be as follows:

Effective
Date
General
Contractor
Specialty
Contractor
Solicitor All Other
Businesses
January
1, 2014
$100 $50 $50 $50
January
1, 2015
$150 $75 $75 $75
January
1, 2016,
and
thereafter
$200 $100 $100 $100
B. Gross Receipts Limit. The limit upon which the license tax shall be computed will be as follows:

1. Effective January 1, 2014, taxable gross receipts shall be limited to ten million dollars.

2. Effective January 1, 2015, taxable gross receipts shall be limited to twenty million dollars.

3. Effective January 1, 2016, taxable gross receipts shall be limited to thirty million dollars.

4. Effective January 1, 2017, and every January 1st thereafter, the taxable gross receipts limit shall be adjusted by the percentage change in the Consumer Price Index (All Urban Consumers) issued by the Bureau of Labor Statistics of the United States Department of Labor for the San Francisco-Oakland-San Jose, California, area (or any successor to that index) for the month of October immediately preceding, rounded to the nearest ten thousand

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dollars. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 84 § 1, 1973: Ord. 45 § 1 (part), 1972: prior code § 4-123.010)

5.24.020 Tax limit on number of multiple corporate entities.

Subject to the provisions of Section 5.04.040, the gross receipts of separate legal entities conducting business at the same location that use separate books and records, other than those entities which are considered investment funds or trusts established for the sole purpose of providing investment instruments to investors, shall be reported on a form required by the collector, and the computation of the license taxes payable under Section 5.24.010 shall be computed based on the three legal entities with the largest reported gross receipts. (Ord. 572 § 1 Exh. A (part), 2013)
Chapter 5.32

DELIVERY AND OUTSIDE BUSINESS
Sections:

5.32.010 Delivery by vehicle.

5.32.020 Outside businesses.

5.32.010 Delivery by vehicle.

Every person not having a fixed place of business within the city, and not being otherwise licensed or classified in this article, who delivers goods, wares or merchandise of any kind by vehicle, or who provides any service by the use of vehicles in the city, shall pay a license tax equivalent to the minimum tax specified in Section 5.24.010. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-125)

5.32.020 Outside businesses.

Every person not having a fixed place of business within the city who engages in business within the city and is not subject to the provisions of Section 5.32.010 shall pay a license tax at the rate prescribed in this article for persons engaged in the same type of business and having a fixed place of business within the city. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-126)
Chapter 5.36
APPEAL
Sections:

5.36.010 Appeal.

Any person aggrieved by any final decision of the collector with respect to the issuance or refusal to issue a business license, the classification of a business, or any other matter under this article may appeal by submitting a letter and the basis upon which an appeal should be granted with the city clerk. The city manager or a hearing officer designated by the city manager shall thereupon fix

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a time and place for hearing such appeal. The city clerk shall give notice to such person of the time and place of hearing in the manner specified in Section 5.16.040(C). The city manager or hearing officer shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this article or other applicable law. The written decision of the city manager or hearing officer shall be final as to the city and subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-115)
Chapter 5.40

ENFORCEMENT
Sections:

5.40.010 Rules and regulations.

5.40.020 Enforcement officials.

5.40.030 Business premises—Inspection authorization.

5.40.040 Business premises—Inspection entry right.

5.40.050 License tax a debt.

5.40.060 Remedies cumulative.

5.40.010 Rules and regulations.

The collector may make rules and regulations not inconsistent with the provisions of this article as may be necessary or desirable to aid in the enforcement of the provisions of this article. He or she shall give notice of those rules in the manner required by law for publication of ordinances. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-127)

5.40.020 Enforcement officials.

The collector shall enforce this article, and the chief of police shall render such assistance in the enforcement of this article as may be required by the collector or the city manager or a hearing officer. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-128.010)

5.40.030 Business premises—Inspection authorization.

The collector, in the exercise of the duties imposed upon him or her under this article and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ensure compliance with this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-128.020)

5.40.040 Business premises—Inspection entry right.

The collector and his assistants and any police or code enforcement officer of the city shall have the power and authority (upon obtaining an inspection warrant therefor if required by law) to enter, free of charge and at any reasonable time, any place of business required to be licensed under this article, and demand an exhibition of the license. Any licensee who willfully fails to exhibit the same on demand is guilty of a misdemeanor punishable pursuant to Chapter 1.08 of this code and

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subject to the penalties provided by this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-128.030)

5.40.050 License tax a debt.

The amount of any license tax and penalty imposed by the provisions of this article shall be deemed a debt to the city. An action may be commenced in the name of the city, in any court of competent jurisdiction, for the amount of any delinquent license tax and penalties. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-129)

5.40.060 Remedies cumulative.

All remedies prescribed under this article shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy to enforce this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-130)

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REQUEST FOR PROPOSALS (RFP)

Date of Issuance: September 19, 2023
Due Date: October 9, 2023*
Extended Due Date: October 23, 2023

BUSINESS LICENSE TAX CONSULTING

SERVICES

CITY OF FOSTER CITY

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RFP FOR BUSINESS LICENSE TAX CONSULTING SERVICES

2 A. INTRODUCTION

The City of Foster City (the “City”) is seeking proposals from qualified firms for business license tax consulting services. The City is seeking to modernize its business license tax structure that is fair and equitable among businesses based on size and categ ory.

Respondents will conduct a comprehensive study on the City’s current business license tax ordinance and provide recommendations to the business license tax structure.

B. FOSTER CITY OVERVIEW

Foster City is located midway between San Francisco and San Jose on the western shoreline of the San Francisco Bay, east of U.S. 101, which provides convenient access to the San Francisco Airport and San Francisco to the north and Santa Clara County to the south. The City is bisected by State Route 92 (the J. Arthur Younger Freeway), which runs between Half Moon Bay to the west and Highway 880 to the e ast via the San Mateo-Hayward Bridge. The City encompasses 12,345 acres, of which 9,726 acres are part of San Francisco Bay and Belmont Slough, and 2,619 acres are land area.

The City of Foster City is a full -service, General Law City with a Council -Manager form of government. The City Council also serves as the Board of Directors for the Estero Municipal Improvement District (“District”). The District, although a separate legal entity, encompasses the same geographical area, is inhabited by the same citiz ens and governed by the same bodies and procedures as the City. The City/District collectively call (‘City”) has approximately 177 employees who deliver high quality municipal services to its 33,056 residents. The City’s fiscal year 2023-24 appropriations for its General Fund is approximately $58.26 million.

Foster City Municipal Code requires that any person who engages in a business in the City must obtain and maintain a valid business license (link).

Location map; Source: Google Maps

San Francisco
International
Airport
Foster City
Foster City
South San
Francisco

San Mateo

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RFP FOR BUSINESS LICENSE TAX CONSULTING SERVICES

3 C. BUSINESS LICENSE TAX OVERVIEW

The City of Foster City's Business License Tax (BLT) Ordinance was enacted in 1972, shortly after the City's incorporation. Since that time, the BLT Ordinance has only been updated once in 2013 (Attachment 1). Foster City Municipal Code Title 5 “Business Licenses and Regulation” Chapters 5.04 to 5.40 outlin es the provisions of the City's BLT. The model is based on the gross receipts model with a single tax rate. The last update in November 2013 increased minimum tax and maximum revenue caps upon which the tax is calculated and was phased in over a 3-year period from calendar year 2014 to 2016.

The City has approximately 1,700 Business License Tax licensees. Per its adopted 2023-24 Budget (link), the current tax rate is 0.075% with a gross receipts cap of $38,129,333 for a maximum tax of $28,597 for the calendar year 2023. There are approximately 24 businesses with gross receipts that exceed the cap. The gross receipts cap is adjusted annually based on inflation. FY 2022 -23 revenues were estimated at $1.58 million and project ed to reach $1.62 million in FY 2023-24, but still below the FY 2018-19 level of $1.76 million.

Earlier this year, City Council adopted its key priorities and initiatives for the calendar year 2023 (link).

To protect Foster City’s fiscal stability and maintain essential services, the City is looking to explore possibility of increasing the gross receipts cap. BLT is considered a general tax that would require a 2/3rd majority vote of the City Council (4 out of 5 Councilmembers) to be placed on the ballot and a simple majority vote (50% + 1) of the voters to pass. Based on City Council direction and following stakeholder engagement, the proposed BLT ballot measure will be placed in the November 2024 General Election.

In order to adequately inform the City Council and the business community, a comprehensive report on the City’s current BLT ordinance, other license tax fee structures, and notably , impact of proposed changes to BLT on the City’s revenue and business community is critical.

The Goal 3.1, reads:

“Identify new revenue sources and strengthen existing resources to ensure Foster City finances are more resilient to economic fluctuations and support city services.”

Under this goal, one of the metrics for the success is as follows:

Consideration of a 2024 ballot measure on Business License Tax (BLT)

Metrics/Outcome/Deliverables:
• Initiate and engage in ongoing dialogue with City businesses to build strong relationships and assess their needs and understand their perspectives on a BLT ballot measure.
• Research BLT methodologies and consider feasibility of various methodologies (e.g., gross receipts, square footage, employee count) with presentation to Council in January 2024.

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163

RFP FOR BUSINESS LICENSE TAX CONSULTING SERVICES

4 D. SCOPE OF SERVICES

Foster City is seeking proposals from qualified firms to provide a comprehensive report on the City’s current business license tax ordinance and provide recommendations to the business license tax structure.

1. Meet with City staff to discuss the project scope, purpose, uses and goals of the City’s business license tax to ensure that the proposal will be appropriate to needs of Foster City.

2. Meet with City staff to access data as needed to understand the City’s methodology of calculating the current business license tax.

3. Develop a written study of the current business license tax fee structure.

4. Present an informational report to City Council that c ompares Foster City’s business license tax with other local jurisdictions and provide an analysis of comparable cities’ business license tax structures. Provide an analysis of alternative business license tax fee structures , formula, its impact on existing businesses and City’s revenue . The timeline for this task is set for January 2024.

5. Discuss best practices for business license tax structure.

6. Present to City staff and the City Council the recommended changes, as well as the alternatives, providing documentation and reasoning as to why the proposed methodology is superior to the current business license tax structure and the other alternatives (one to two public meetings).

7. Based on the direction from the City Council, conduct or assist city staff with stakeholder outreach and engagements meetings to introduce the proposed changes to the BLT (three to four engagement meetings).

E. PRELIMINARY SCHEDULE

The following is a preliminary schedule for the award of the contract.

Distribution of RFP September 19, 2023
Deadline to Submit Written Questions 5:00 pm October 02, 2023 Deadline to submit proposals 5:00 pm October 09, 2023*
Extended deadline to submit proposals 5:00 pm October 23, 2023 Award of the contract October 20, 2023*

Note that this schedule is preliminary. The schedule may be adjusted, as needed, by the City.

The deadline for submitting proposals may be extended if the City does not receive adequate responses from qualified firms. Accordingly, the date for awarding the contract will change.

F. DEADLINE FOR WRITTEN QUESTIONS

All inquiries regarding this RFP shall be directed to Sofia Mangalam, Community Development Director, via telephone at (650) 286 -3239, or, preferably, via email at [email protected] before 5:00 pm on October 02, 2023. The City will compile a list of written questions with responses and post to the City website within one week. It is the responsibility of consultants to carefully review this RFP and any addenda including checking the City website regularly.

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RFP FOR BUSINESS LICENSE TAX CONSULTING SERVICES

5 Except as specified above, consultants and their representatives may not communicate with any officer, director, employee, or agent of the City with respect to this RFP except as may be reasonably necessary to carry out the procedures specified in this RFP. Nothing herein prohibits consultants or their representatives from making oral statements or presentations in public to one or more representatives of the City during a public meeting. The City will not respond to verbal i nquires and interested consultants are specifically discouraged from contacting the city in person or by telephone during this RFP and selection process.

G. PROJECT BUDGET

All tasks within the enclosed Scope of Services shall be included within the proposal ’s fee schedule and itemized according to required and optional tasks.

H. PROPOSAL CONTENT

Consultant proposal must include the following and follow directions outlined in each section below:

1. A cover letter with contact information
A description and statement of the firm’s qualifications for this project, as well as those of any subconsultants.

2. Project team
▪ Organizational chart of the project team.
▪ Names, qualifications and resumes of all project team members who will directly participate in the project.
▪ Sub consultants. Identify any sub consultants that would be used and their specific role. (All sub consultant costs, including any markup, must be included in consultant’s cost proposals.)

3. Table of Contents. Each proposal shall include an index to the major topics contained in the proposal and all pages shall be numbered.

4. Approach to Scope of Services.

a. Work Plan and Approach.
i. Discuss your firm’s understanding of the Scope of Services to be performed.
ii. Describe the method for management of overall project costs, schedule, quality assurance/quality control, responsiveness to City requests and inquiries, and other issues critical to this project. Specifically address your firm’s approach to resolving unanticipated issues efficiently and effectively while maintaining project budget and schedule. In addition, explain your team’s ability to adapt to changes in environment and/or existing conditions throug hout the process that may affect the program outcome and schedule.
iii. Describe the needs from City staff. For example, what City staff expertise is needed and how much time do you anticipate.
iv. Identify any “value-added” services that your firm may provide.

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RFP FOR BUSINESS LICENSE TAX CONSULTING SERVICES

6 b. Schedule: Outline a proposed project schedule starting from a kickoff meeting to development of draft documents and final report. Include any significant milestone and resource needs such as staff, meeting space, reports, etc. from the City.

5. Timeline. Provide a detailed timeline associated with each task listed “Scope of Services,” specifically ability to meet the deadline for presentation to the City Council in January 2024.

6. Qualifications Details
a. Provide experience /expertise of your firm i n evaluating business license tax ordinances and making recommendations on alternative business license tax structures and proposing such recommendations to other similar governmental agencies.
b. Provide details of your firm’s ability to meet the Scope of Services outlined.

7. References. Provide at least t hree (3) references of California agencies. At least t wo (2) references must have worked with the proposed project manager and other key staff proposed to be assigned to the City’s project. Referen ces should include the following:
a. Name, address, and telephone number of the agency
b. Time period for the project
c. Brief description of the scope of the review
d. Recommended procedures
e. Reference contact name, email, and telephone number

I. CONSULTANT SELECTION PROCEDURE

i. EVALUATION CRITERIA

All proposals will be evaluated using the following criteria:
• Quality and completeness of proposal.
• Quality of the proposed services to be provided.
• Ability and experience of team members assigned to work on the project. • Technical experience in performing work of a closely similar nature. • Methodology and work program, including knowledge of local needs and the ability to work closely with City staff, the project team, Planning Commission and City Council.
• Consultant availability, including ability to attend and make presentations. • Creativity and insight of proposal.
• Timing of work program and ability to perform the work within the time specified. • Project cost.
• Ability to produce high-quality and easy-to-read graphic information.

ii. EVALUATION PROCEDURE

Evaluation of the proposals will be performed by City staff who will assess the qualifications, experience, and ability to perform the work of each consultant based

8.2 Attachment 2 - RFP

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RFP FOR BUSINESS LICENSE TAX CONSULTING SERVICES

7 on the criteria listed above. An oral interview with one or more of firms may be requested after written proposals have been received and reviewed by the City. At the time of the interview, representatives of the consulting firm shall be prepared to clarify and elaborate on the details set forth in the firm’s proposal.

The City of Foster City Community Development Department will administer the contract. The decision to accept any proposal shall be made not later than thirty (30) calendar days after the deadline for proposals to be submitted. Consultants whose proposals have not been accepted shall be so notified.

J. GENERAL INFORMATION FOR PROPOSALS

▪ The prospective consultant firm shall submit its proposal to the City via email not later than October 23 09, 2023* at 5:00 P.M.
▪ Any questions related to the project and/or this RFP shall be directed to the Community Development Director, Sofia Mangalam, who can be reached at (650) 286-3239 or via email at [email protected].
▪ The proposal shall be signed by an authorized official of the firm. ▪ All costs incurred in the preparation of the proposal shall be the sole responsibility of the consultant.
▪ The City reserves the right to reject any and all proposals and to request additional information concerning any proposal for purposes of clarification. ▪ If awarded a contract, t he consultant shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the City.
▪ The terms and scope of the contract will be arrived at on the basis of professional negotiations between the City and the prospective consultant. If the City and the prospective consultant fail to reach a contractual agreement, the City may then renegotiate with any other consultant.
▪ The consultant will comply with access of records, conflict of interest, an d other provisions as required.

K. TERMS AND CONDITIONS

Issuance of this RFP does not commit the City to award a contract for services or to pay any costs incurred in the preparation of a response to this request. The City retains the right to reject any and all submittals. Once submitted, the proposals become the property of the City.

The consultant selected to perform the scope of services described in this RFP will be required to obtain a Foster City Business License. For more information regarding the Business License process, or to obtain a Business License application packet, please visit the City’s Business License webpage at:
https://www.fostercity.org/finance/page/business-license-application.

L. ATTACHMENTS

• BLT Ordinance
• City’s Standard Contract

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Prepared Date 9/28/2023 City of Foster City, CA
Accounts Payable Check Register

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Foster City City CouncilOctober 16, 2023

Foster City City Council
October 16, 2023